Professor Landau’s Scholarship Cited

The scholarship of David E. Landau, Mason Ladd professor and associate dean for international programs, has been cited in two recent high court cases from around the world. In November 2020, his publication Legal Pragmatism and Comparative Constitutional Law was cited by the Canadian Supreme Court. The case determined the “cruel and unusual punishments” clause of the Canadian constitution did not apply to corporations, but only to individuals.

Then, on December 30, 2020, a case from the Constitutional Tribunal of Chile cited a piece co-authored by Landau and Rosalind Dixon, titled Transnational Constitutionalism and a Limited Doctrine of Unconstitutional Constitutional Amendment. The case struck down a temporary amendment to the constitution that changed the rules for pension plans during the pandemic.

Landau has also been active in the recent news media. On January 7, Landau and Dixon co-authored an op-ed for The New York Times titled "The 25th Amendment Can Remove Trump, but We Shouldn’t Stop There" and he was quoted extensively in The Globe and Mail piece titled "What Consequences Might Trump Face for Wednesday’s Violence?"

“I’m honored that my work was viewed as useful by these two high courts, and that I’ve been able to speak some to the recent debates about impeachment,” said Landau. “It is gratifying and exciting to see my scholarship have a practical impact.”

Published on January 21, 2021