Litigating under the Virginia Constitution

Why Attend?

• Hear from two highly esteemed Virginia appellate court jurists.
• Understand the distinctives between the Virginia Constitution and the Federal Constitution.
• Review the history of the Virginia Constitution and Virginia Constitutional law.
• Learn how to expand your practice by considering whether to bring claims under the Virginia Constitution and how to effectively present such arguments.

This one-hour lecture-style course is designed for all Virginia attorneys. If you have or will litigate issues under the Virginia State Constitution or just want to know more about the leading principles of Virginia constitutional law, this is the program for you! Join us for this rare opportunity to hear from two highly esteemed appellate court jurists! Attendees will walk away from this program with a better understanding of how to identify and litigate constitutional issues under the Virginia Constitution and how the Virginia Constitution may differ from the Federal Constitution.

Justice McCullough of the Supreme Court of Virginia, who recently published a treatise entitled Virginia Constitutional Law, and Judge Lorish of the Court of Appeals of Virginia, who has taught and written about state constitutionalism, will provide an overview of the considerations litigants may want to consider in raising claims under the Virginia Constitution. This program’s legal scholars will explore both historical and modern uses of state constitutional law in litigation and the methods Virginia courts have used to analyze state constitutional claims. Topics to be discussed include:

• Distinctives of state constitutions, including their length, specificity, and ability to be amended
• How state constitutions fit into a federalist form of government
• How state courts have historically understood the relationship between state constitutions and the Federal Constitution
• An overview of state constitutionalism more generally
• Reasons for current interest in state constitutions
• Factors state courts have considered in interpreting state constitutions independently from the Federal Constitution
• The history of the Virginia Constitution
• Interpretation of the Virginia Constitution over time
• The recent Vlaming decision from the Supreme Court of Virginia
• A review of Virginia’s unique religion clauses and history
• Practical tips for lawyers considering claims under the Virginia Constitution, including relevant sources for developing arguments under the Virginia Constitution

After this seminar, attorneys will have a deeper understanding and appreciation of Virginia constitutional law and strategies that might be employed to litigate claims under the Virginia Constitution.

Registration Deadlines:

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE^®.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Dietary Restrictions: If you have dietary restrictions and are attending the seminar in person, please email tfitzgerald@vacle.org.

Inclement Weather Policy and Updates

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Private recording of this program is prohibited.

Can’t Attend?

E-mail distance_ed@vacle.org to be notified when/if this program is made available as an online or USB seminar.
E-mail publications@vacle.org to be notified when/if this program’s seminar materials are made available for sale.

Course Schedule

• Q&A will be handled via chat room for Webcast attendees.
• Q&A will be handled via e-mail for telephone seminar attendees.

Hon. Stephen R. McCullough, Supreme Court of Virginia / Richmond

Hon. Lisa M. Lorish, Court of Appeals of Virginia / Charlottesville