About this Workshop Series

This workshop, hosted over the years by Professor Heinz Klug, Associate Professor Andrew Coan, and Professor David S. Schwartz at the Law School and Professor Howard Schweber in the Political Science Department and Legal Studies Program, is one of a series of events for a Discussion Group that has been meeting for more than two decades at various law schools. Known informally as a "Schmooze", the workshop provides an opportunity for an informal conversation among constitutional scholars on a topic that is interesting and provocative. 

Host/Program Chair

The 2021 session will be hosted by Heinz Klug, Evjue-Bascom Professor of Law and the Sheldon B. Lubar Distinguished research Chair

The Topic for 2021

"1619: Slavery and Constitutionalism in the Atlantic World"

The 1787 Constitution was written in the name of a free people who had thrown off the yoke of colonial domination. Yet it arguably enshrined the inherent contradiction and fatal flaw of 1619: embracing or accommodating slavery. As to the enslaved population, the claims of the Declaration of Independence that “all men are created equal” or “endowed by their Creator with certain unalienable Rights” such as “Life, Liberty and the pursuit of Happiness” were false. The question today is whether this stain on the constitution, which has produced civil war, racial oppression, and continued assertion of white supremacy, means that in the 21^st century it will require a far clearer acknowledgement of the continuing harm this legacy is causing before we can truly begin to build a more inclusive society.

This year, we invite papers on topics relating to slavery in North America and its past and present impact on constitutional development. For example:

Was the 1787 Constitution truly pro-slavery or, as Frederick Douglass famously argued, anti-slavery?

What will it take to fundamentally change the course of our constitutional trajectory? A new constitution, dramatic amendment, or a struggle for more direct democratic participation in shaping the constitutional rights and vision of the country? What role in this process for judges, lawyers, constitutional law, and interpretation? 

Who May Attend

Outside participation is by invitation only. All Wisconsin faculty are eligible to participate and should register in advance.

Sponsors

The University of Wisconsin Law School

Overview of Timeline

Sessions will be held virtually beginning at 9 a.m. on Friday, October 15th, and continuing until 4:45pm CST.

Participants

Guest Professors

• Randy E. Barnett, Georgetown Law
• Eric Berger, Nebraska College of Law
• Evan D. Bernick, Northern Illinois University - College of Law
• Charlton Copeland, University of Miami School of Law
• Maeve Glass, Columbia Law School
• Mark A. Graber, Maryland Carey Law
• Jill Elaine Hasday, University of Minnesota Law School
• Mark R. Killenbeck, University of Arkansas School of Law
• Alison L. LaCroix, University of Chicago Law School
• Sanford Levinson, University of Texas at Austin School of Law
• John Mikhail, Georgetown University Law
• Caitlin B. Tully, Rockefeller College

University of Wisconsin Attendees

• Joshua Braver
• Christy Clark-Pujara
• Franciska Coleman
• David Schwartz

Program Information

Link to Papers and Zoom Information
(Access Restricted)

Papers will be posted as they arrive, and participants will receive the log-in and password required to access this site.

Program

Questions

For questions about the program, please contact Professor Heinz Klug.

For questions about logistics or the content of this page, please contact Kimberly Raether.