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The Perceived Authority Of Law In Judging Constitutional Cases, Kent Greenawalt
The Perceived Authority Of Law In Judging Constitutional Cases, Kent Greenawalt
Faculty Scholarship
The purpose of this conference is a dialogue between scholars and judges about judging. Because judges have many opportunities to read what scholars think, and scholars don't very often have this kind of chance to hear judges reflect on their own experiences and perspectives, I expect the main benefit to go to us scholars. However, for many questions of jurisprudential interest, figuring out what relevance different judicial experiences might have is complicated, and extensive discussion may be necessary to learn what really matters.
I shall focus on a question that has lain at. the center of jurisprudential discussion in the …
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Justice Harlan's Conservatism And Altenative Possibilities, Kent Greenawalt
Faculty Scholarship
Bruce Ackerman and Charles Fried's rich essays address the subject of Justice Harlan as a conservative. One who comes to this topic has in mind questions like: Was Justice Harlan a conservative? If so, what kind of a conservative was he? How did his judicial actions exemplify a conservative approach? Most importantly, is his conservatism an appealing model for modern judicial practice?
Professors Ackerman and Fried's slices on this topic reflect their own casts of mind and philosophies of judging. Fried looks at a broad range of Justice Harlan's opinions and sets them against particular conservative qualities that Fried commends. …