In an important recent decision, U.S. v. Cannon (2014 WL 1633160), the United States Court of Appeals for the Fifth Circuit relied heavily upon the work of Notre Dame Law School Professor Jennifer Mason McAward in interpreting the scope of Congress’s power to enforce the Thirteenth Amendment to the Constitution. Section Two of the Thirteenth Amendment empowers Congress to enforce the prohibition on slavery and involuntary servitude by addressing the “badges and incidents of slavery.” The court used Professor Mason McAward’s article, Defining the Badges and Incidents of Slavery (published in the University of Pennsylvania Journal of Constitutional Law), to understand the scope of that constitutional provision.
Welcome to the Program on Constitutional Structure
Welcome to the Notre Dame Law School Program on Constitutional Structure. Our Program helps Notre Dame law students obtain a world-class education in constitutional law. We host events at our South Bend and London campuses to examine pressing constitutional questions of domestic and global importance. We serve federal and state courts by educating first-rate judicial law clerks, litigants, and other public servants.
Our mission is to advance inter-disciplinary learning about how sound constitutional structures of government advance individual well-being and the common good. We support curricular programs of study, sponsor academic lectures and conferences, and engage with questions of constitutional development worldwide. By promoting the study of constitutional structures, we serve the needs of our students, the broader academic community, and the bench and bar—here and abroad. Learn more here about our Program, including our students and faculty, our Public Law Program of Study, upcoming events, and faculty research. And then contact us and let us know if we can serve you.
Professor Randy Kozel has published a review essay, "Institutional Autonomy and Constitutional Structure," in the Michigan Law Review. The essay -- which discusses Paul Horwitz's book, "First Amendment Institutions" -- considers the role of institutions such as churches, universities, and the media as components of the structural framework of the U.S. Constitution.…