The Nature of the Judicial Function
The nature of the judicial function, and how it might differ from the legislative function, is much disputed today. This institute will consider the distinction between the two functions in an effort to articulate what is proper to each. Along the way, we will examine foundational readings on the nature of judicial reasoning and how that might differ from the business of legislating.
- An Institutional Perspective, Douglass C. North, Washington University, Economics
- Aristotle and Karl Llewellyn, James R. Gordley, Boalt Hall School of Law, UC Berkeley
- Law and Disagreement, Jeremy Waldron, Columbia University, Philosophy
- The Federalist, Peter Berkowitz, George Mason School of Law
- The People Themselves, Larry Kramer, Stanford Law School
- Federalism and State Competition, Robert D. Cooter, Boalt Hall School of Law, UC Berkeley
- Migration and Civil Rights, Robert D. Cooter
Douglass North won a 1993 Nobel Prize in Economics for his work on neo-institutional economics. His most recent book is Understanding the Process of Economic Change. James Gordley is one of America’s leading comparative lawyers. Jeremy Waldron is one of the most prominent moral philosophers and the author of Law and Disagreement. Peter Berkowitz is a leading political theorist. Larry Kramer is the Dean of Stanford Law School and the author of The People Themselves: Popular Constitutionalism and Judicial Review. Robert Cooter is one of the most respected law-and-economics scholars and the author of The Strategic Constitution.