A Distinct Judicial Power - Faculty Book Podcast
Faculty Division Podcast 05-22-12 featuring Scott Gerber and Jim Pfander
Faculty Division Podcast 05-22-12 featuring Scott Gerber and Jim Pfander
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.
Professor of Law, Ohio Northern University Pettit College of Law
Scott Gerber clerked for U.S. District Judge Ernest C. Torres of the District of Rhode Island and practiced with the Boston-based law firm Bingham, Dana & Gould. He is a member of the Massachusetts, Colorado and Virginia bars as well as the U.S. Supreme Court bar. He is the 2002, 2009, 2011 and 2012 winner of the Fowler V. Harper Award for excellence in legal scholarship and the 2004, 2013 and 2016 recipient of the Daniel S. Guy Award for excellence in legal journalism. He held the Ella & Ernest Fisher chair in law at Ohio Northern University from 2008-10. He has served on the Ohio Advisory Committee of the U.S. Commission on Civil Rights since 2008 and was appointed to the Association of American Law Schools Committee to Review Scholarly Papers for the 2018 Annual Meeting. He is an associated scholar at Brown University's Political Theory Project. StateStats.org named him one of the top law professors in Ohio. He was on sabbatical as a visiting professor at Brown University's Political Theory Project during the 2018-19 academic year.
Owen L. Coon Professor of Law, Northwestern University Pritzker School of Law
James E. Pfander has focused his teaching and research on the role of the federal judiciary under Article III of the Constitution. His latest book, Constitutional Torts and the War on Terror (Oxford U. Press 2017), documents and evaluates the failure of the federal courts to address the merits of the claims of individuals who were subjected to extraordinary rendition, military detention, and torture during the Bush Administration’s war on terror. Other books include Civil Procedure: A Modern Approach (7th ed. 2018) (with Marcus, Redish & Sherman); Federal Courts: Cases, Comments, and Questions (8th ed. 2018) (with Redish & Sherry), Principles of Federal Jurisdiction (3d ed. 2017).
Pfander’s recent scholarship explores the role of non-contentious jurisdiction in a federal system otherwise largely devoted to the resolution of disputes between adverse parties; the forgotten distinction between “cases” and “controversies” in defining the work of the federal judiciary; the lessons available from Scotland’s civil-law-inflected approach to the problem of litigant standing; the origins and meaning of the anti-injunction act of 1793; and the possible influence of the Scottish judicial system on the structure of the federal court system.
A member of the American Law Institute, Pfander recently concluded his work as reporter/consultant to the Federal-State Jurisdiction Committee of the Judicial Conference of the United States. He has served as chair of both the federal courts and civil procedure sections of the Association of American Law Schools.