Discussion (1L): The Trump Prosecutions: Law, Politics, and Polarization

Catalog description

What lessons can be drawn from the four criminal cases against Donald Trump? What do those cases tell us about American criminal justice, our adversarial system of trials, the Supreme Court, and where the boundaries are -- and should be -- between law and politics? We will read a range of perspectives on these questions, and our main goal will not be to decide who we think is right, or which arguments we find most congenial. Instead, we will try to understand the thinking on various sides of these controversies, and to see what value, if any, we can find even in the arguments we disagree with. In other words, we will be studying the Trump prosecutions not just for what they teach us about American legal institutions and the current state of American politics, but also to reflect on the possibilities and prerequisites for constructive discussion of contentious issues in a splintered society--in and out of the courtroom. Elements used in grading: Full attendance, reading of assigned materials, and active participation.