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This Federalist Society Faculty Book Podcast features Professor Scott Gerber’s new book, A Distinct Judicial Power: The Origins of an Independent Judiciary, 1606-1787.
A Distinct Judicial Power analyzes the origins of judicial independence in the United States. The book sets forth both the political theory behind and the historical progression of independent judicial power in the United States during the colonial period. It concludes with an examination of how this mixture of theory and experience coalesced to produce Article III of the U.S. Constitution and a power of judicial review committed to the protection of individual rights.
Professor Scott Gerber, a professor at Ohio Northern University College of Law, is joined by critical commenter Jim Pfander, a professor at Northwestern University School of Law, to discuss the book.