Litigating under the Virginia Constitution

A pre-recorded streaming VIDEO replay of the March 2025 webcast, Litigating under the Virginia Constitution.

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, provides an overview of the considerations litigants may want to consider in raising claims under the Virginia Constitution. This program’s legal scholars explore both historical and modern uses of state constitutional law in litigation and the methods Virginia courts have used to analyze state constitutional claims.

• 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

Faculty

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

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