The Evolution of Theory: Discerning the Catalysts of Constitutional Change
The Symposium will delve into the factors of constitutional doctrinal shifts, focusing on the question of whether the evolution of constitutional theory is driven by external pressures—such as economics, politics, culture, and social movements—or by an internal dialectic about constitutional meaning.
Ultimately, it looks to shed light on this question by exploring the most salient points of constitutional development and change in the 20th century.
Starting at 9:00 am, the Symposium will have three panels of speakers that focus on the following eras: the Lochner/New Deal “switch in time,” the rights revolution of the Warren and Burger Courts, and the formalist revival of the Rehnquist and Roberts Courts.
Our speakers for the panels are the following:
Lochner/New Deal: David Bernstein, Barry Cushman, Samuel Olken, with commentary by William K. Kelley
Warren and Burger Courts: Lucas Powe, Brad Snyder, Ryan Williams, with commentary by David Strauss
Rehnquist and Roberts Courts: Kurt Lash, Stephen Sachs, Keith Whittington, with commentary by John Manning
The keynote address will be given by Judge Brett Kavanaugh.