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

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

Professor Landau is a recognized scholar on constitutional theory, constitutional design and comparative constitutional law. His recent work has focused on a range of issues with contemporary salience both in the United States and elsewhere around the world, including constitutional change and constitution-making, judicial role and the enforcement of rights, impeachment, and the erosion of democracy. His scholarship is interdisciplinary, combining insights from law and political science. 

Professor Landau has published in leading law journals including the University of Chicago Law Review, the Iowa Law Review, the George Washington Law Review, the International Journal of Constitutional Law, and the Harvard International Law Journal. His in-progress monograph, Abusive Constitutional Borrowing (co-authored with Rosalind Dixon), is under contract with Oxford University Press. He has previously published several books and edited volumes with Oxford University Press and Edward Elgar Press.

Professor Landau’s work has been cited by the high courts of several countries, including the Supreme Court of Israel, the Supreme Court of Canada, the Constitutional Tribunal of Chile, and the Supreme Federal Tribunal of Brazil. 

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, and has served on the Scientific-Advisory board of the same journal. He has published op-eds in the Los Angeles Times and the International New York Times.

At the College of Law, Professor Landau has taught Constitutional Law I, Comparative Constitutional Law, Public International Law, Civil Procedure, Conflict of Laws, and International Litigation and Arbitration. He has twice won a University Graduate Teaching Award, in 2012-2013 and 2019-2020. He also serves as Associate Dean for International Programs, and in that capacity supervises the graduate LL.M. Program in American Law for Foreign Lawyers, the Certificate Program in International Law for J.D. students, and the College of Law’s summer program at Oxford University.

 

Select Recent and Forthcoming Publications

Abusive Constitutional Borrowing (with Rosalind Dixon) (Oxford University Press 2021)

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

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

Constitutional Backsliding and its Responses in Colombia, in Constitutionalism in Context (David Law, editor) (Cambridge University Press) (forthcoming 2022)

Defensive Social Rights (with Rosalind Dixon), in Oxford Handbook of Economic and Social Rights (Malcolm Langford & Katharine G. Young, editors) (Oxford University Press) (forthcoming 2021)

The Myth of the Illiberal Democratic Constitution, in Routledge Handbook of Illiberalism (Stephen Holmes, Andras Sajo & Renata Uitz, editors) (Routledge) (forthcoming 2021)

Designing and Protecting Term Limits (with Rosalind Dixon), in Elgar Handbook of Comparative Election Law (James A. Gardner, editor) (forthcoming 2021)

Socioeconomic Rights in Latin America: Closing the Gap Between the Ideal and the Real, in Collected Courses of the Academy of European Law: Human Rights and Distributive Justice (Oxford University Press) (forthcoming 2021)

Justice Cepeda’s Institution-Building on the Colombian Constitutional Court: A Fusion of the Political and the Legal, in Towering Judges (Rehan Abeyratne & Iddo Porat, editors) (Cambridge University Press 2021)

Courts and Constitution Making: A Contextual Approach, in Redrafting Constitutions in Democratic Orders: Theoretical and Comparative Perspectives (Gabriel Negretto, editor) (Cambridge University Press 2020)

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 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)

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)

A Broad Read of Ely: Political Process Theory for New Democracies (with Manuel José Cepeda Espinosa), 19 Int’l J. Const. L. __ (forthcoming 2021)

Federalism, Democracy, and the 2020 Election (with Hannah J. Wiseman & Samuel Wiseman), 99 Texas L. Rev. Online 96 (2021)

The Comparative Constitutional Law of Presidential Impeachment (with Tom Ginsburg & Aziz Huq), 88 U. Chicago L. Rev. 81 (2021)

The Causes and Consequences of a Judicialized Peace Process in Colombia, 18 Int’l J. Const. L. 1303 (2020)

Personalism and the Trajectories of Populist Constitutions, 16 Ann. Rev. L. & Soc. Sci. 293 (forthcoming 2020)

Federalism for the Worst Case (with Hannah Wiseman & Samuel Wiseman), 105 Iowa L. Rev. 1187 (2020)

Abusive Judicial Review: Courts Against Democracy (with Rosalind Dixon), 53 U.C. Davis L. Rev. 1313 (2020)

Constitutional End-Games: Making Presidential Term Limits Stick (with Rosalind Dixon), 71 Hastings L.J. 359 (2020)

New Directions in the Comparative Law and Politics of Judicial Review (review of Theunis Roux, The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis and David M. Brinks & Abby Blass, The DNA of Constitutional Justice in Latin America), 55 Tulsa L. Rev. 225 (2020)

Choosing Between Simple and Complex Remedies in Socioeconomic Rights Cases, 70 U. Toronto L.J. 105 (2019)

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)