Saturday, May 28, 2016
What is the proper relationship between law and politics? Obviously, the two domains are intimately related, but where to draw the boundary between the two? From Bush v. Gore to Citizens United, the ObamaCare cases and beyond, accusations have flown that the Supreme Court is becoming increasingly politicized. Meanwhile, state judicial elections have become heavily financed pitched battles between plaintiff tort lawyers and their corporate targets. Has American law become nothing more than, adapting Clausewitz, “politics by other means”? And have courts begun to lose the respect and perceived legitimacy that allows the legal system to work? A panel consisting of Terry Fisher ’76, Professor at Harvard Law School; William Kayatta ’76, Federal Appellate Judge; Paul Smith ’76, Supreme Court Litigator; and David Tykulsker ’76, environmental and labor lawyer, address these issues. The panel will be moderated by Austin D. Sarat, the William Nelson Cromwell Professor of Jurisprudence and Political Science. Presented by the Class of 1976.