Legal Theory Workshop

The Legal Theory Workshop is a longstanding faculty seminar in which invited speakers, drawn from among the faculties of law, philosophy, economics, and political science at Columbia and elsewhere in the New York area, present works in progress for comment and discussion. The topics of the papers—and therefore of the discussions—vary widely, depending on the current interests of the invited speakers.

Monday, September 18, 2017
David Singh Grewal - Yale Law School
"The Invention of the Economy: A History of Economic Thought"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, October 3, 2017
Adam Samaha - NYU Law School
"If the Text is Clear - Lexical Ordering in Statutory Interpretation"
Case Lounge, 12:10 - 1:30 p.m.

Monday, October 16, 2017
Linda Zerilli - University of Chicago Political Science Department
"A Democratic Theory of Judgement" 
Case Lounge, 4:15 - 5:45 p.m.

Monday, October 30, 2017
Shlomo Dov Rosen - Tel Aviv University
"Gratitude over Existence and Intergenerational Justice"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, November 14, 2017
Samuel Moyn - Yale Law School
"FDR's Second Bill"
Case Lounge, 12:10 - 1:30 p.m.

Monday, November 27, 2017
Deborah Hellman - University of Virginia Law School
"The Epistemic Commitments of Nondiscrimination"
Case Lounge, 4:15 - 5:45 p.m. 

Tuesday, January 31, 2017
L.A. Paul - University of North Caroline at Chapel Hill Philosophy Department
"Preference Capture: empathy and fear of epistemic corruption"
Case Lounge, 12:10 - 1:40 p.m.

Monday, February 13, 2017 
Reva Siegel - Yale Law School
"Same-Sex Marriage and Backlash: Consensus, Conflict, and Constitutional Culture"
Case Lounge, 4:20 - 5:50 p.m.

Monday, February 27, 2017
Joint workshop with the Colloquium on Courts and the Legal Process
William Hubbard of University of Chicago School of Law
"The Unintended Consequences of Case-by-Case Rescue: An Empirical Study of Indian Supreme Court Cases from 2010 to 2014" (co-authored with Sital Kalantry of Cornell Law School and Aparna Chandra of National Law University, Delhi)
Discussant: Madhav Khosla, Columbia Law School Fellow.
Case Lounge, 4:20 - 5:50 p.m.

Tuesday, March 21, 2017
Aditya Bamzai - University of Virginia School of Law
"The ‘Administrative Process’ in the 1940s Court: A Study in Intellectual and Jurisprudential History"
Case Lounge, 12:10 - 1:40 p.m.

Monday, April 3, 2017 (POSTPONED) 
Christine Korsgaard - Harvard University Philosophy Department
"tbd"
Case Lounge, 4:20 - 5:50 p.m.

Monday, April 17, 2017
Joshua Kleinfeld - Northwestern University School of Law 
"Democratizing Criminal Justice"
Case Lounge, 4:20 - 5:50 p.m. 

Monday, September 19, 2016
Andrew Koppelman - Northwestern University School of Law
"How Could Religious Liberty Be a Human Right?"
Case Lounge, 4:20 - 5:50 p.m.

Monday, October 10, 2016 
Jill Hasday - University of Minnesota School of Law
"Intimate Lies and the Law: Governing Deception in Our Closest Relationships"
Case Lounge, 4:20 - 5:50 p.m.

Monday, October 24, 2016
Timothy Snyder - Yale University History Department
"Untruth and Unlaw: The Russia of Ivan Ilyin and Vladislav Surkov" (available only in hard copies for those who plan to attend, please email [email protected])
Case Lounge, 4:20 - 5:50 p.m.

Monday, November 7, 2016
Tarunabh Khaitan -  University of Oxford Faculty of Law
"Wrongs, group disadvantage, and the legitimacy of indirect discrimination law"
Case Lounge, 4:20 - 5:50 p.m.

Tuesday, November 22, 2016
John Elster - Columbia University
"The Political Psychology of Constitution-Making"
Case Lounge, 12:10 - 1:40 p.m.

Monday, December 5, 2016
Kenji Yoshino - NYU Law School
"Deferential Strict Scrutiny"
Case Lounge, 4:45 - 6:10 p.m. 

Tuesday, February 2, 2016
Anthony Kronman - Yale Law School
"The Disenchantment of the World: Max Weber and the Problem of Nihilism"
(chapter 26 of his forthcoming book, "Confessions of a Born-Again Pagan")
Case Lounge, 12:10 - 1:40 p.m.

Monday, February 15, 2016 (THIS SESSION HAS BEEN POSTPONED)
Didier Fassin, Institute for Advanced Study
Case Lounge, 4:15 - 5:45 p.m.

Monday, February 29, 2016
Seyla Benhabib - Yale University, Political Science and Philosophy Departments
"The New Sovereigntism and Transnational Law: Legal Utopianism, Democratic Skepticism and Statist Realism
(please email [email protected] for paper if you plan to attend)
Case Lounge, 4:15 - 5:45 p.m.

Monday, March 21, 2016
Sarah Lawsky - University of California.Irvine Law School
"Rule-Based Legal Reasoning"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, April 5, 2016
John Witt - Yale Law School
"The American Fund: A Story of Money and Politics in America"
Case Lounge, 12:10 - 1:40 p.m.

Monday, April 18, 2016
James Scott - Yale University, Political Science Department
"Population: the Production and Control of a Surplus" 
Case Lounge, 4:15 - 5:45 p.m.

Monday, September 21, 2015 
Philip Pettit, Princeton University
"The Conversable, Responsible Corporation"
Case Lounge, 4:15 - 5:45 p.m.

Monday, October 5, 2015
James Whitman, Yale Law School
"The American Influence on Nazi Race Law"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, October 20, 2015
Jeannie Suk and Jacob Gersen, Harvard Law School
"The Sex Bureaucracy"
Case Lounge, 12:10 - 1:40 p.m.

Monday, November 2, 2015
Tommie Shelby, Harvard University
"Punishment, Condemnation, and Social Injustice"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, November 17, 2015
Christine Desan, Harvard Law School
"The Constitutional Approach to Money: Monetary Design and the Production of the Modern World"
Case Lounge, 12:10 - 1:40 p.m.

Monday, November 30, 2015
Moshe Halbertal, NYU Law School
"As a"
Case Lounge, 4:15 - 5:45 p.m.

Monday, February 2, 2015 (RESCHEDULED for Wednesday, April 1)
Tommie Shelby, Harvard University Department of Philosophy: "Procreating, Parenting, and Ghetto Poverty
Case Lounge, 4:15 - 5:45 p.m.

Monday, February 16, 2015
Robert Putnam, Kennedy School of Government: "Our Kids: The American Dream in Crisis
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, March 3, 2015
Jeremy Waldron, NYU School of Law: "What do the Philosophers Have against Dignity?"
Case Lounge, 12:10 - 1:40 p.m.

Monday, March 23, 2015
William Baude, University of Chicago School of Law: "Is Originalism Our Law?" (please email [email protected] for the paper if you plan to attend)
Case Lounge, 4:15 - 5:45 p.m.

Wednesday, April 1, 2015 (cancelled)
Tommie Shelby, Harvard University Department of Philosophy: "Procreating, Parenting, and Ghetto Poverty" (please email [email protected] for the paper if you plan to attend)
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, April 7, 2015
Cristina Rodriguez, Yale Law School: "The President and Immigration Law Redux"
Case Lounge, 12:10 - 1:40 p.m.

Monday, April 20, 2015
Nancy Fraser, New School: "Legitimation Crisis? On the Political Contradictions of Financialized Capitalism." (please email [email protected] for paper if you plan to attend)
Case Lounge, 4:15 - 5:45 p.m.

Monday, September 15, 2014
Paul Horwitz, University of Alabama School of Law: "The Hobby Lobby Moment"
Case Lounge, 4:15 - 5:45 p.m.

Monday, September 29, 2014
Samuel Bray, UCLA School of Law: "The System of Equitable Remedies"
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, October 14, 2014
Nita Farahany, Duke University School of Law: “The Costs of Changing Our Minds
Case Lounge, 12:10 - 1:40 p.m.

Monday, October 27, 2014
Alon Harel, Hebrew University Faculty of Law: "Against Privatization as Such"
Case Lounge, 4:15 - 5:45 p.m. 

Monday, November 10, 2014
Stephen Holmes, New York University School of Law: To “Facilitate Future Invasions of the Remainder”: Westward Expansion and its Natural Enemies in the Federalist Papers. 
Case Lounge, 4:15 - 5:45 p.m.

Tuesday, November 25, 2014
Mila Versteeg, University of Virginia School of Law:  “Constitutions Un-Entrenched: Towards and Alternative Theory of Constitutional Design” (co-written with Emily Zackin and only available in hard copy. If you plan to attend, please email [email protected] for the paper)
Case Lounge, 12:10 - 1:40 p.m.

Monday, September 16, 2013
Meir Dan-Cohen, UC Berkeley School of Law: "Law, Loyalty and Citizenship"
Case Lounge, 4:15 - 5:45 p.m.

Monday, September 30, 2013
Edward Rubin, Vanderbilt University School of Law: "Public Policy and the Methodology of Statutory Design"
Case Lounge, 4:15 – 4:45 p.m.

Tuesday, October 15, 2013
Danielle Allen, Institute for Advanced Study: "Social Capital & the Art of Association"
Case Lounge, 12:10 – 1:40 p.m.

Monday, October 28, 2013
Julie Suk, Cardozo Law School: "Discrimination As Corruption: Rethinking Quotas In Democracies"
Case Lounge, 4:15 – 5:45 p.m.

Tuesday, November 12, 2013
Amy Kapczynski, Yale Law School: "Intellectual Properties: A Case Study in Influenza"(only available in hard copy)
Case Lounge, 12:10 – 1:40 p.m.

Monday, November 25, 2013
Jill Anderson, University of Connecticut School of Law: "Misreading Like a Lawyer:  Cognitive Bias in Statutory Interpretation."
Case Lounge, 4:15 – 5:45 p.m.

Spring 2012

  • Monday, January 30
    Richard Epstein, New York University School of Law, The Natural Law Influences on the First Generation of American Constitutional Law: Reflections on Philip Humburger's Law and Judicial Duty, Case Lounge, 4:15 - 5:45pm
  • Tuesday, February 14
    Jill Lepore, Harvard University, Zombie Politics: Matters of Life and Death and American Political Discourse, (only available in hard copy, in Faculty Lounge and outside cubicle 900/1) Case Lounge, 12:10 - 1:40pm
  • Monday, February 27
    Cary Franklin, University of Texas School of Law, Inventing the "Traditional Concept" of Sex Discrimination, Case Lounge, 4:15 - 5:45pm
  • Monday, March 19
    Thomas Lee, Fordham Law School, The Civil Law Tradition in American Constitutional Jurisprudence, Case Lounge, 4;15 - 5:45pm
  • Tuesday, April 3
    Richard Thompson Ford, Stanford Law School, Bias in the Air: Rethinking Employment Discrimination Law, Case Lounge, 12:10 - 1:40pm
  • Monday, April 16
    Margaret Radin, University of Michigan Law School, Boilerplate: The Fine Print, Vanishing Rights, and the Rule of Law, (only available in hard copy, in Faculty Lounge and outside cubicle 900/1), Case Lounge,  4:15 - 5;45pm

Fall 2011

  • Monday, September 12, 2011
    Oren Bar-Gill, New York University School of Law, Possessory Interests and Property Rules, Case Lounge, 4:15 - 5:45pm
  • Monday, September 26, 2011
    Mark Tushnet, Harvard Law School, Civil Liberties After 1937—The Justices and the Theories, Case Lounge, 4:15 - 5:45pm
  • Tuesday, October 11, 2011
    Scott Hershovitz, University of Michigan School of Law, Corrective Justice for Civil Recourse Theorists, Case Lounge, 12:10 - 1:40pm
  • Monday, October 24, 2011
    Richard Weisberg, Benjamin Cardozo Law School, In Defense of Flexiphobia: How Interpretive Intractability Can Help in Perceived 'Emergencies, Case Lounge, 4;15 - 5:45pm
  • Monday, November 7, 2011
    Michael McConnell, Stanford University School of  Law, Due Process as Separation of Powers, Case Lounge, 4:15 - 5;45pm
  • Tuesday, November 22, 2011
    Tobin Siebers, University of Michigan, Department of English Language and Literature, Disability, Pain, and the Politics of Minority Identity, Case Lounge, 12:10 - 1:40pm

Spring 2011

Spring 2010

  • Monday, February 1, 2010
    Professor Paul Horwitz, University of Alabama School of Law, Constitutional Agnosticism, Case Lounge, 4:20pm - 5:50pm
  • Tuesday, February 16, 2010
    Professor Russell Robinson, UCLA School of Law, Governmental 'Gaydar':  Race, Sexual Identity and Incarceration, Case Lounge, 12:15pm - 1:40pm
  • Monday, March 1, 2010
    Professor Frances Kamm, Harvard University Philosophy Department, What Ethical Responsibility Cannot Justify: A Discussion of Ronald Dworkin's Justice for Hedgehogs, Case Lounge, 4:20pm - 5:45pm
  • Friday, March 26, 2010
    Professor Daniel Ho, Stanford University School of Law, Did a Switch in Time Save Nine?, Case Lounge, 11:30am - 1:30pm
  • Tuesday, April 6, 2010
    Professor Jedediah Purdy, Harvard Law School Visiting Professor, American Natures:  The Languages of Environmental Lawmaking, Case Lounge, 12:15pm - 1:40pm
  • Monday, April 19, 2010
    Professor Kevin Davis, New York University School of Law, Indicators as a Technology of Global Governance, Case Lounge, 4:20pm - 5:45pm

Fall 2009

  • Monday, September 21, 2009
    Professor Lawrence Alexander, University of San Diego School of Law, What Are Constitutions, and What Should (and Can) They Do?, Case Lounge, 4:15pm - 5:45pm
  • Tuesday, October 13, 2009
    Professor Ian Shapiro, Yale University, Department of Political Science, Containment and Democratic Cosmopolitanism, chapter 5 of his forthcoming book Revisiting Democracy's Place, Case Lounge, 12:10pm - 1:40pm
  • Monday, October 26, 2009
    Professor Mateo Taussig-Rubbo, University at Buffalo Law School, The State University of New York, Outsourcing Sacrifice:  The Labor of Private Military Contractors, Case Lounge, 4:15pm - 5:45pm
  • Monday, November 9, 2009
    Professor Seyla Benhabib, Yale University, Department of Political Science, The Contemporary Debate on Global Constitutionalism and Democratic Sovereignty:  A Human Rights Perspective, Case Lounge, 4:15pm - 5:45pm
  • Monday, November 23, 2009
    Professor Daniel Markovits, Yale Law School, Love and Promise, Case Lounge, 4:15pm - 5:45pm
  • Tuesday, December 8, 2009
    Professor Elaine Scarry, Harvard University, Thinking in An Emergency, Case Lounge, 12:10pm - 1:40pm. Please email [email protected] for this paper

Spring 2009

Fall 2008

  • Monday, September 8, 2008
    Professor Adam Kolber, University of San Diego School of Law, The Subjective Experience of Punishment
  • Tuesday, September 23, 2008
    Professor James Lindgren, Northwestern Law School, Politicized Departure From The US Supreme Court
  • Monday, October 13, 2008
    Professor Bradford Clark, The George Washington University Law School, The Federal Common Law of Nations
  • Monday, October 27, 2008
    Professor Erin Murphy, University of California at Berkeley School of Law, The Crime Factory: Process, Pretext, and Criminal Justice
  • Tuesday, November 11, 2008
    Professor Brian Bix, University of Mennesota Law School, Consent in Contract Law
  • Monday, November 24, 2008
    Professor Mark Rosen, Chicago-Kent College of Law, From Exclusivity to Concurrence

Spring 2008

Fall 2007

  • Tuesday, September 18, 2007
    Professor Anne Dailey, University of Connecticut School of Law, Imagination and Choice
  • Monday, October 1, 2007
    Professor Kenneth Shepsle, Harvard University, Department of Government, The Senate Electoral Cycle and Bicameral Appropriations Politics
  • Monday, October 15, 2007
    Professor Winnifred F. Sullivan, University at Buffalo Law School, Prison Religion
  • Monday, October 29, 2007
    Professor Onora O'Neill, The British Academy, Demandingness and Judgement
  • Monday, November 12, 2007
    Professor Thomas M. Scanlon, Harvard University, Philosophy Department, When Does Equality Matter?
  • Monday, November 26, 2007
    Professor John McGinnis, Northwestern University School of Law, The Desirable Constitution and the Case for Originalism

Spring 2007

Fall 2006

Spring 2006

Fall 2005

  • Monday, September 19, 2005
    Andrew Rehfeld, Washington University in St Louis, Towards a General Theory of Political Representation
  • Monday, October 17, 2005
    Stanley Fish, University of Illinois at Chicago, There Is No Textualist Position
  • Monday, October 31, 2005
    Alon Harel, Hebrew University in Jerusalem, The Right to Judicial Review
  • Monday, November 14, 2005
    David Sklansky, University of California at Berkeley, Democratic Policing Inside and Out
  • Monday, November 28, 2005
    Abner Greene, Fordham Law School, Excerpts from: Against Obligation: A Theory of Permeable Sovereignty
  • Monday, December 12, 2005
    Douglas Laycock, University of Texas at Austin, Two Problems in the Original Understanding of the Establishment Clause:  Religious Exemptions, and the Claim that the Clause Was Really About Federalism

Spring 2005

  • January 31, 2005
    Judge Guido Calabresi, Thoughts on Equality in the American Constitution
  • February 14, 2005
    Benedict Kingsbury, The Problem of the Public in Public International Law
  • February 28, 2005
    Sherman Jackson, University of Michigan, Pluralism and the Nation-State: Romantic Medievalism or Pragmatic Modernity?
  • March 21, 2005
    Matthew McCubbins, UCSD, Canonical Construction and Statutory Revisionism: The Strange Case of the Appropriations Canon
  • April 4, 2005
    Carol Delaney, Stanford University, Sacrificial Heroics: The Story of Abraham and its Use in the Justification of War
  • April 18, 2005
    Peter Westen, Michigan Law School, An Attitudinal Theory of Excuse

Fall 2004

Contact

Khamla Pradaxay

Workshop Administrator