This lesson discusses the role of federal preemption in the implementation of environmental law. Specifically, when do federal environmental and natural resources statutes preempt, or displace, state laws on similar subjects? When are states free to enact their own environmental protections? What is the relationship between federal environmental law and state torts?
Read moreThis lesson covers First Amendment doctrine and theory pertaining to commercial speech. The lesson considers the development of commercial speech from unprotected to protected speech; the applicable constitutional tests for evaluating commercial speech, the doctrine regarding mandated disclosures in commercial contexts, and recent cases decided by the Roberts Court considering commercial speech.
Read moreThis exercise is designed for use in conjunction with any Federal Courts, Federal Jurisdiction, or Civil Rights course that covers the Eleventh Amendment. The exercise takes the student through attempts to bring a federal lawsuit to rectify substandard conditions at a home for the mentally ill.
Read moreArticle III of the United States Constitution requires a plaintiff to establish "standing" in order to sue in federal court. In addition to showing an injury-in-fact, plaintiff must also show "causation" and "redressability." In other words, plaintiff must show that defendant is the "cause" of the injury, and that the injury will be redressed by a favorable judicial decision.
Read moreThis lesson was removed at the end of 2013. It is outdated but is currently being revised. CALI
Read moreThis lesson introduces students to the concepts of ripeness and mootness.
Read moreThis lesson covers the basic Constitutional doctrine of state action. This lesson can be used to prepare for class or as a review of Constitutional doctrine.
Read moreThis lesson covers the basic constitutional issues and arguments in marriage with an emphasis on same-sex marriage litigation, including Hollingsworth v. Perry, United States v. Windsor, and Obergefell v. Hodges. It is best used as a supplement or review.
Read moreThis Lesson considers race under the Equal Protection Clause of the Fourteenth Amendment as well as under other constitutional provisions, with the exception of "affirmative action" which is the subject of a separate lesson. It can be used as an introduction or as review.
Read moreThis lesson introduces students to one of the constitutional issues that can arise as a result of environmental and natural resources regulation: regulatory takings under the Fifth Amendment to the U.S. Constitution. It begins by giving students an overview of regulatory taking claims, their distinction from physical takings of private property, and some of the rules that apply in evaluating whether a regulatory taking has occurred.
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