American Jurisprudence: Ten Lectures & Analysis by Tanmoy Bhattacharyya

The series of lectures on American Jurisprudence, covering key concepts and historical developments in U.S. law. Topics include the sources of law, constitutional interpretation, the transition from common law to statutory law, and the evolution of civil rights. It discusses significant legal frameworks such as the separation of powers and due process, as well as landmark Supreme Court cases shaping jurisprudence. The lectures analyze various legal philosophies, including legal realism and law and economics, while addressing contemporary debates surrounding judicial legitimacy and the future of the legal landscape. Core readings are suggested to complement the discussions.

advtanmoy 09/12/2025 4 minutes read

10 Lectures on American Jurisprudence

American Jurisprudence refers to the philosophy, theory, and study of law in the United States. This series of ten lectures by Tanmoy Bhattacharyya provides a comprehensive exploration of its foundational principles, historical evolution, and contemporary applications.

Outlines

Lecture 1: Introduction to American Law and Its Sources

The three primary sources of law in the United States
1. Constitutions (federal and state)
2. Statutes (federal Congress, state legislatures, local ordinances)
3. Common law (judge-made law, stare decisis)
Secondary sources: Restatements, treatises, law reviews
The dual court system: federal vs. state courts
Civil law vs. criminal law; substantive vs. procedural law
The role of precedent and the doctrine of stare decisis (horizontal vs. vertical stare decisis)

Lecture 2: The U.S. Constitution and Constitutional Interpretation

Structure of the Constitution (1787) and the Bill of Rights (1791)
Separation of powers and checks and balances
Federalism: enumerated powers, 10th Amendment, dormant Commerce Clause, preemption
Major methods of constitutional interpretation
- Originalism / Original Meaning (Scalia, Thomas, Barrett)
- Living Constitution / Evolutive interpretation (Brennan, Breyer)
- Textualism vs. purposivism
Landmark cases: Marbury v. Madison (1803) – judicial review; McCulloch v. Maryland (1819) – implied powers; Gibbons v. Ogden (1824) – Commerce Clause

Lecture 3: The Common Law Tradition in America

Reception of English common law after independence
Swift v. Tyson (1842) → Erie Railroad Co. v. Tompkins (1938): the end of federal general common law
How judges “make” law in a common-law system
The role of the Restatements (Contracts, Torts, Property, etc.)
Decline of common law in certain fields (UCC, uniform acts, statutes displacing common law)

Lecture 4: American Legal Realism and Its Legacy

Oliver Wendell Holmes, Jr. (“The life of the law has not been logic; it has been experience”)
Jerome Frank, Karl Llewellyn, and the attack on formalism
The “indeterminacy thesis” and the prediction theory of law
Influence on later movements: Critical Legal Studies (CLS), Law and Economics, Empirical Legal Studies
Realism’s lasting impact on judicial behavior studies and legal education

Lecture 5: The Rise of Statutory and Administrative Law

20th-century shift from common law to statutory/regulatory state
The New Deal and the explosion of administrative agencies
Chevron deference (1984) → Kisor (2019) → Loper Bright Enterprises v. Raimondo (2024): the end of Chevron
Major Questions Doctrine and non-delegation revival (West Virginia v. EPA, 2022)
The Administrative Procedure Act (1946) and judicial review of agency action

Lecture 6: Rights Revolution and Substantive Due Process

Lochner era (1897–1937) – economic substantive due process
Carolene Products footnote 4 (1938) and the “discrete and insular minorities” justification for heightened scrutiny
Warren Court (1953–1969): incorporation of the Bill of Rights, Griswold (1965) → Roe v. Wade (1973) → Planned Parenthood v. Casey (1992) → Dobbs v. Jackson Women’s Health (2022)
The ongoing debate over unenumerated rights and the Glucksberg test

Lecture 7: Equal Protection and the Civil Rights Era

From Plessy v. Ferguson (1896) “separate but equal” → Brown v. Board of Education (1954)
Levels of scrutiny: rational basis, intermediate, strict
Evolution of race jurisprudence: from affirmative action (Regents of Univ. of Calif. v. Bakke → Grutter → Students for Fair Admissions v. Harvard (2023))
Gender: Reed → Craig → intermediate scrutiny; United States v. Virginia (1996)
Sexual orientation: Romer → Lawrence → Obergefell → Bostock (2020)

Lecture 8: First Amendment: Speech, Religion, and Association

Free Speech: Schenck (1919) “clear and present danger” → Brandenburg (1969) incitement test
Content vs. viewpoint discrimination; time/place/manner restrictions
Compelled speech (West Virginia v. Barnette, Janus) and corporate speech (Citizens United, Masterpiece Cakeshop)
Establishment and Free Exercise Clauses
- Lemon test → American Legion (2019) → Kennedy v. Bremerton (2022) – shift toward “history and tradition”

Lecture 9: Law and Economics and Conservative Legal Movements

Chicago School: Richard Posner, Guido Calabresi, cost-benefit analysis in tort and contract
Originalism and textualism resurgence (1980s–present): Federalist Society, Scalia, Gorsuch, Kavanaugh
Libertarian jurisprudence: substantive due process for economic liberty (post-Dobbs revival attempts)
Critique of the administrative state (Gundy dissent, West Virginia v. EPA)

Lecture 10: Contemporary Debates and the Future of American Jurisprudence

The Roberts Court (2005–present): incrementalism, statutory interpretation, and the return of textualism
Major current fault lines
- Judicial legitimacy and public perception after Dobbs, Bruen, and the 2020-term shadow docket controversies
- Nationwide injunctions and the scope of equitable relief
- The future of the administrative state post-Chevron
- Originalism vs. common-good constitutionalism (Adrian Vermeule) vs. progressive originalism (Jack Balkin)
Whether American law is moving toward greater formalism or renewed pragmatism