2005 Chicago-Kent Law Review Live Symposium

The People Themselves: Popular Constitutionalism and Judicial Review

Symposium Editor

Professor Daniel W. Hamilton, IIT Chicago-Kent College of Law

Chicago-Kent College of Law
565 West Adams Street
Chicago, Illinois 60661
November 18 & 19, 2005
Directions and Parking

This symposium, sponsored by the Chicago-Kent Law Review, the Institute for Law and Humanities at Chicago-Kent College of Law, the Stanford Law Society of Chicago, and the Center for New Deal Studies at Roosevelt University, will bring together legal historians and constitutional scholars to discuss new perspectives on the history and theory of constitutional interpretation. The conference will be framed by consideration of Dean Larry Kramer’s book and will consider the rise of judicial power in the United States and alternative ideas of the place of the Constitution in law, politics, and American culture.

Schedule – Day One

8:45am–9:15am	Welcome, Breakfast, and Opening Remarks	Morris Hall
9:15am–10:45am	Panel 1	Morris Hall
10:45am–11:00am	Break	Front Lobby
11:00am–12:30pm	Panel 2	Marovitz Courtroom
12:30pm–1:45pm	Lunch & Keynote Address	Morris Hall
1:45pm–2:00pm	Break	Front Lobby
2:00pm–3:30pm	Panel 3	Marovitz Courtroom
3:30pm–3:45pm	Break	Front Lobby
3:45pm–5:15pm	Roundtable 1	Morris Hall
5:30pm–6:30pm	Reception	Front Lobby

Panel Participants

Panel 1

Moderator
Steven J. Heyman, Professor of Law, IIT Chicago-Kent College of Law

Robin West, Associate Dean of Research and Academic Programs, Georgetown University Law Center
Katrina, the Constitution, and the Legal Question Doctrine

Sheldon Nahmod, Distinguished Professor of Law, IIT Chicago-Kent College of Law
Constitutional Education for The People Themselves

David L. Franklin, Assistant Professor of Law, DePaul University College of Law
Popular Constitutionalism as Presidential Constitutionalism?

Panel 2

Moderator
Alexander Tsesis, Visiting Assistant Professor of Law, IIT Chicago-Kent College of Law

Daniel J. Hulsebosch, Associate Professor of Law, Saint Louis University School of Law
A Discrete and Cosmopolitan Minority: The Loyalists, the Atlantic World, and the Origins of Judicial Review

Saul Cornell, Associate Professor of History, Ohio State University
Mobs, Militias, and Magistrates: Popular Constitutionalism and the Whiskey Rebellion

Gerald Leonard, Professor of Law, Boston University School of Law
Iredell Reclaimed: Farewell to Snowiss’s History of Judicial Review

Keynote Address

Morton J. Horwitz, Charles Warren Professor of American Legal History, Harvard Law School
A Historiography of The People Themselves and Popular Constitutionalism

Panel 3

Moderator
Katharine K. Baker, Distinguished Professor of Law, IIT Chicago-Kent College of Law

Reva Siegal, Nicholas deB. Katzenbach Professor of Law, Yale Law School

Mark Tushnet, Professor of Law, Georgetown University Law Center
Popular Constitutionalism as Political Law

William E. Forbath, Lloyd M. Bentsen Jr. Chair, University of Texas at Austin School of Law
Popular Constitutionalism in the Twentieth Century: Reflections on the Dark Side, the Progressive Constitutional Imagination, and the Enduring Role of Judicial Finality in Popular Understandings of Popular Self-Rule

Roundtable 1

Moderator
A. Dan Tarlock, Distinguished Professor of Law, IIT Chicago-Kent College of Law

Richard J. Ross, Professor of Law and History, University of Illinois College of Law

Jack N. Rakove, Professor of History and Political Science, Stanford University

Sarah Harding, Associate Professor of Law, IIT Chicago-Kent College of Law
Kramer’s Popular Constitutionalism: A Quick Normative Assessment

Christopher L. Tomlins, Research Fellow, American Bar Foundation
Politics, Police, Past and Present: Larry Kramer’s The People Themselves

Schedule – Day Two

8:45am–9:15am	Breakfast	Morris Hall
9:15am–10:45am	Panel 1	Morris Hall
10:45am–11:00am	Break	Front Lobby
11:00am–12:30pm	Roundtable 2	Morris Hall

Panel Participants

Panel 1

Moderator
Robert Baker

Theodore Ruger, Professor of Law, University of Pennsylvania Law School
Preempting the People: The Judicial Role in Regulatory Concurrency and its Implications for Popular Lawmaking

Gary Rowe, Acting Professor of Law, UCLA School of Law

Daniel W. Hamilton, Assistant Professor of Law, IIT Chicago-Kent College of Law
Popular Constitutionalism in the Civil War: A Trial Run

Roundtable 2

Moderator
Nancy S. Marder, Professor of Law, IIT Chicago-Kent College of Law

Frank Michelman, Robert Walmsley University Professor, Harvard Law School
Comment: Popular Law and the Doubtful Case Rule

Mark Graber, Professor of Law, University of Maryland School of Law
Popular Constitutionalism, Judicial Supremacy, and the Complete Lincoln-Douglas Debates

Neal Devins, Goodrich Professor of Law, William & Mary Law School
Tom Delay: Popular Constitutionalist?

Keith Whittington, William Nelson Cromwell Professor of Politics, Princeton University
Give the People What They Want

Response

Larry Kramer, Dean, Stanford Law School