David E. Landau

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Professor David Landau

David E. Landau

Position
Mason Ladd Professor and Associate Dean for International Programs
Contact Information

Florida State University
College of Law
Roberts Hall, Room 316
Phone: 850.644.6341
Fax: 850.644.0576
dlandau@law.fsu.edu

Education

J.D., magna cum laude, Harvard University, 2004
Ph.D. (Political Science), Harvard University, 2015 
A.B., summa cum laude, Harvard University, 2001

Professor Landau writes primarily about the field of comparative constitutional law, with a focus on Latin America. His recent work has focused on democratic transitions and the potential risks of constitutional amendment and constitution-making for democracy, as well as on judicial activism on socioeconomic rights issues across the developing world. He has published in various journals including the Harvard International Law Journal, the UC Davis Law Review, the Boston College Law Review, and the Alabama Law Review.

In 2011, Professor Landau served as a consultant on constitutional issues for the Truth and Reconciliation Commission of Honduras. Since 2012, he has been a founding editor of IConnect, the blog of the International Journal of Constitutional Law.

Professor Landau has taught Civil Procedure, Public International Law, Conflict of Laws, Comparative Constitutional Law, Constitutional Law I, and International Litigation and Arbitration. He is also Associate Dean for International Programs, and in that capacity is in charge of the graduate LL.M. Program in American Law for Foreign Lawyers and the Certificate Program in International Law for J.D. students.

Select Recent Publications

Handbook on Comparative Constitution-Making (co-edited with Hanna Lerner) (Edward Elgar Press) (forthcoming 2019)

The Evolution of the Separation of Powers (co-editor with David Bilchitz) (Edward Elgar Press 2018)

Colombian Constitutional Law: Leading Cases (with Manuel Jose Cepeda Espinosa) (Oxford University Press 2017)

Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America (with Rosalind Dixon & Yaniv Roznai), in The Politics of Presidential Term Limits (Alex Baturo & Robert Elgie, editors) (Oxford University Press) (forthcoming 2019)

Constitutional Backsliding and its Responses in Colombia, in Constitutionalism in Context (David Law, editor) (Cambridge University Press) (forthcoming 2019)

Constitutional Non-Transformation? Socioeconomic Rights beyond the Poor (with Rosalind Dixon), in The Future of Social and Economic Rights (Katharine G. Young, editor) (Cambridge University Press 2019)

Constitution-Making and Authoritarianism in Venezuela: The First Time as Tragedy, the Second as Farce, in Constitutional Democracy in Crisis? (Mark Tushnet, Sandy Levinson & Mark Graber, editors) (Oxford University Press 2018)

Courts and Support Structures: Beyond the Classic Narrative, in Comparative Judicial Review (Erin F. Delaney & Rosalind Dixon, editors) (Edward Elgar Press 2018)

Socioeconomic Rights and Majoritarian Courts in Latin America, in Constitutionalism in the Americas (Colin Crawford & Daniel Bonilla Maldonado, editors) (Edward Elgar Publishing 2018)

Introduction: The Evolution of the Separation of Powers in the Global South and Global North (with David Bilchitz), in The Evolution of the Separation of Powers (David Bilchitz & David Landau, editors) (Edward Elgar Press 2018)

Institutional Failure and Intertemporal Theories of Judicial Role in the Global South, in The Evolution of the Separation of Powers (David Bilchitz & David Landau, editors) (Edward Elgar Publishing 2018)

South African Social Rights Jurisprudence and the Global Canon: A Revisionist View, in Constitutional Triumphs, Constitutional Disappointments: A Critical Assessment of the 1996 South African Constitution’s Local and International Influence (Theunis Roux & Rosalind Dixon, editors) (Cambridge University Press 2018)

Legal Pragmatism and Comparative Constitutional Law, in Comparative Constitutional Theory (Gary Jacobsohn & Miguel Schor, editors) (Edward Elgar Publishing 2018)

Judicial Role and the Limits of Constitutional Convergence in Latin America, in Handbook on Comparative Constitutional Law in Latin America (Tom Ginsburg & Rosalind Dixon, editors) (Edward Elgar Publishing 2017)

Constitutional Endurance and Democracy: Judging Constitutional Performance (with Rosalind Dixon), in Assessing Constitutional Performance (Tom Ginsburg & Aziz Huq, editors) (Cambridge University Press 2016)

Federalism for the Worst Case (with Hannah Wiseman & Samuel Wiseman), 105 Iowa L. Rev. ___ (forthcoming 2020)

Abusive Judicial Review: Courts Against Democracy (with Rosalind Dixon), 53 U.C. Davis L. Rev. ___ (forthcoming 2020)

Choosing Between Simple and Complex Remedies in Socioeconomic Rights Cases, 70 U. Toronto L.J. ___ (forthcoming 2020)

From an Unconstitutional Constitutional Amendment to an Unconstitutional Constitution? Lessons from Honduras (with Yaniv Roznai & Rosalind Dixon), 8 Global Constitutionalism 40 (2019)

Presidential Term Limits in Latin America: Transnational Constitutional Dialogue as a Double-Edged Sword, 12 L. & Ethics Hum. Rts. 225 (2018)

Constitutional Design, International Law and Vulnerable Insiders: The Victims of Internal Armed Conflict in Colombia, 57 Va. J. Int’l L. 679 (2018)

Tiered Constitutional Design (with Rosalind Dixon), 86 Geo. Wash. L. Rev. 438 (2018)

Populist Constitutions, 85 U. Chi. L. Rev. 521 (2018)

Substitute and Complement Theories of Judicial Review, 92 Ind. L.J. 1283 (2017)

Democratic Erosion and Constitution-Making Moments: The Role of International Law, 3 U.C. Irvine J. Int’l Transnat’l & Comp. L. 87 (2017)

Political Support and Structural Constitutional Law, 67 Ala. L. Rev. 1069 (2016)

Selective Entrenchment in State Constitutional Law: Lessons from Comparative Experience, 69 Ark. L. Rev. 425 (2016)