The Role of the Article III Judge

Catalog description

The contemporary debate over the proper role of a federal judge under the Constitution turns, in large measure, on what it is we think an Article III judge is doing when she is called upon to resolve a "case or controversy." Is she looking for the fair result? If so, by whose lights? Is she a political actor, or is she instead looking for a rule of decision that has been previously established by law (a "mere translator" of the law, in Justice Frankfurter's words). If so, by natural law or positive law? These are some of the questions we will consider in discussing what role a federal judge plays when she exercises "the judicial Power of the United States" conferred by Article III of the Constitution. Elements used in grading: TBA. S-Term Autumn session, September 11 to 21, 2023. Interested SLS students should complete and submit an S-Term Course Selection Form 2023 available at https://law.stanford.edu/education/s-term/) by April 25, 2023. Forms received after the deadline will be processed on a rolling basis until the class is full.