A panel will explore the challenges to the courts’ authority from the years leading up to the Civil War through the early 20th century — and why they still matter today.
On October 23, the Bolch Judicial Institute of Duke Law School will continue the Star Rule of Law Series with a panel exploring the courts’ authority and legitimacy during one of the country’s most tumultuous periods.
Marin K. Levy, Melvin Shimm Distinguished Professor of Law and faculty director of the Bolch Judicial Institute, will moderate “Judicial Authority in a Divided Nation: Lessons from the 19th Century,” joined by Jamal Greene, Charles S. Rhyne Professor of Law at Columbia Law School, and Cynthia Nicoletti, John V. Ray Research Professor of Law at the University of Virginia School of Law, for a discussion on the courts’ authority and legitimacy during a pivotal era.
The panel will explore how the courts confronted crises of legitimacy, including the Supreme Court’s decision in Dred Scott, President Abraham Lincoln’s constitutional responses, the adoption and interpretation of the Civil War Amendments, U.S. Supreme Court Justice John Marshall Harlan II’s dissent in Plessy v. Ferguson, and the development of civil rights jurisprudence culminating in Brown v. Board of Education. The discussion will also examine how these pivotal moments shaped constitutional interpretation and influenced the balance of power among the branches of government — and why they continue to resonate today.
Lunch will be provided on a first-come, first-served basis.
About the Star Rule of Law Series
The Star Rule of Law Series draws its support from the recently established Stanley A. Star ’61 and Elizabeth A. Star Rule of Law Fund, a $1 million endowment created through gifts from David F. Levi, director emeritus of the Bolch Judicial Institute, his wife Nancy R. Ranney, and Star family members and friends. The fund honors the Stars’ decades of generous support to Duke Law School while advancing the Institute’s mission to protect and strengthen the rule of law.
The series explores the importance of the rule of law to democratic institutions and the judiciary’s role in maintaining it. This fall’s final Star Rule of Law Series lunch will be held in November and focus on judicial independence in the 21st century.
For more information, contact Lora Beth Farmer at lora.farmer@law.duke.edu.