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October 22, 2002
The Future of the U.S. Supreme Court
Nation’s Top Constitutional Law Scholars To Debate
Public Invited
(San Francisco)—Some of the nation’s top constitutional law scholars will meet in San Francisco Sat. Nov. 2 to debate the ideal role of the United States Supreme Court in a democratic government. These scholars represent highly disparate views of the Court’s proper function.
“The subject is especially timely,” said University of San Francisco Law Professor Joshua Davis. "We will soon see the retirement of one or more Supreme Court justices, and nomination of a replacement is likely be a fiercely contested political battle.”
This symposium (sponsored by the University of San Francisco School of Law and the USF Law Review) will address such fundamental questions as:
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What should we ask of a Supreme Court justice? |
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What role does and should political judgment play in the decisions that a Supreme Court Justice makes? |
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What are fair questions to ask of a candidate during the confirmation proceedings? |
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How much can we delve into Supreme Court candidates' political views? |
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What are our evolving standards of justice? |
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To what extent can and should the Supreme Court be responsive to the evolving views of the American people? (This issue recently emerged at the forefront of legal discourse with Atkins v. Virginia, in which the Supreme Court held that the death penalty cannot apply to the mentally retarded). |
The springboard for the symposium is Christopher L. Eisgruber's recently released book, Constitutional Self-Government, in which he contends "…that legislatures and elections provide only an incomplete representation of the people, and … that the Supreme Court should be regarded as another of the institutions able to speak for Americans about justice … [to] render self-government meaningful for a large and diverse people."
Scheduled speakers include:
Christopher L. Eisgruber, Director of the Program in Law and Public Affairs at Princeton University and co-founder of the Constitutional Theory Colloquium at New York University School of Law, which is one of the nation's leading venues for the presentation of constitutional scholarship. He is also a Laurence S. Rockefeller Professor of Public Affairs and a member of Princeton's Center for Human Values.
Rebecca L. Brown, professor of law at Vanderbilt University, one of the nation's
leading constitutional theorists and author of such books as Constitutional Theory: Arguments and Perspectives and Constitutional Tragedies: The Dark Side of Judgment.
John Denvir, USF Constitutional law professor and past Ford Foundation fellow and former clinical practice supervisor at Harvard Law School.
Roderick M. Hills, Jr., University of Michigan Law professor teacher of comparative federalism and constitutional law, prolific author, and cooperating counsel with the Michigan branch of the American Civil Liberties Union.
Mark V. Tushnet, Georgetown University Law Center Professor president elect of the Association of American Law Schools and author of dozens of law review articles, numerous scholarly books, and several casebooks, including Federal Courts in the 21st Century: Policy and Practices and Constitutional Law, Cases and Commentary.
Jeremy Waldron, Maurice and Hilda Friedman Professor of Law and Director of the Center for Law and Philosophy at Columbia Law School.
A special edition of the USF Law Review, featuring each speaker's response to Eisgruber's theories, and Eisgruber’s reply, will be distributed to symposium participants.
Where: University of San Francisco Presentation Theater
2350 Turk Blvd., San Francisco.
When: Sat. Nov. 2, 9 a.m. to 1 p.m.
Cost: Free and open to the public.
Sponsor: The University of San Francisco (USF) School of Law and
the non-profit USF Law Review.
Registration required.
Register online or call the USF Law Review at (415) 422-6154.
MCLE Credit: Three units of MCLE credit are available for a flat fee of $50 for all three units.
Info: Call Geoff Hash at (510) 388-1596 or Alexa Koenig at (415) 884-9677.
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