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David S. Day

  • Professor Day, with his co-authors, wrote a Fifth Edition of his Constitutional Law casebook (Lexis/Nexis).  This casebook is used at Law Schools around the country. He also prepared the 2009 Update to the casebook. 
  • Professor Day uses the royalties from casebook sales to USD Law students to fund the endowment of a student scholarship, to which a number of former students have also contributed.
  • His most recent publications also include: The Expanded Concept of Facial Discrimination in the Dormant Commerce Clause Doctrine, 40 Creighton Law Review 497 (2006), and The Dormant Commerce Clause Doctrine in the Mature Rehnquist Court, 52 South Dakota Law Review 1 (2007). In the fall semester, Professor Day taught an elective course regarding "economic rights" under the US Constitution. Last spring, Professor Day, on a pro bono basis, wrote a brief for the Public Defender's Office in a free speech case.
  • In recent year, Professor Day argued an appeal before the US Court of Appeals for the Eighth Circuit and wrote a brief to the United States Supreme Court. Professor Day was also part of the federal District Court trial in the "Beef Check-Off" case held in Aberdeen.

David S. Day

Day Professor of Law