Discussion (1L): What is the Rule of Law?

The "rule of law" is widely perceived to be under serious attack today, but what is the rule of law? Why does it matter, how should it be protected, and what connection does it have with democracy? This seminar will read perspectives on these questions from a range of legal scholars and judges, stretching from the mid-twentieth century to today. 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. Elements used in grading: Full attendance, reading of assigned materials, and active participation. Class meets: 5:00 PM-7:00 PM on Sept. 24, Oct. 8, Oct. 22, Nov 12.