A Modest Experiment in Pedagogy: Lessons on Comparative Constitutional Law

Abstract

This article has been revised from a paper I presented and submitted to the International Association of Law Schools Conference on Comparative Constitutional Law, Washington, D.C. (Sept. 11-12, 2009) hosted by the American University Washington College of Law and the Georgetown University Law Center. That invitational conference — I was invited as one of the representatives of the United States — brought together an amazing array of leading constitutionalists from all over the world. This article describes how I have integrated comparative and international law lessons into my basic, first year course on U.S. Constitutional Law. This version of the paper reflects my experience at that Conference and the comments of the other participants. I have also added citations and quotations to the relevant papers of other conference participants to make this version of the paper all the more thoughtful and helpful. The article includes: a brief review of the secondary literature on teaching comparative constitutional law; a bibliography of comparative constitutional law books; a basic pedagogical theory; some practical advice and recommendations; and a set of four lessons on the themes of judicial review, transnational interpretation, affirmative action, and reproductive rights, complete with discussion questions and a list of readings.