Harvard Law School
The Harvard Civil Rights-Civil Liberties Law Review
The Illinois Legal History Program
Are pleased to announce:
A Conference in Honor of Professor Morton Horwitz
Harvard Law School
September 26 & 27, 2008
This conference is free and open to all.
Friday, September 26
9:00 a.m. Dean Elena Kagan – Welcome
9:15 - 11:00 a.m.
The Constitution, the Courts and American Legal Thought
o Frank Michelman - The Constitution of Change
o Terry Fisher - The Transformation of Morton Horwitz
o Robert Gordon - Horwitz on Lawyers’ and Judges’ Uses of History
o Dalia Tsuk - Transformations:
Pluralism, Individualism, and Democracy
o William Forbath - Courting the State
o Ed Purcell – Horwitzian Themes in the History of the Federal Courts
o Martha Minow - After Brown: Law and Social Science
o Duncan Kennedy - Morton Horwitz and Critical Legal History
Moderator: Daniel W. Hamilton
11:15 a.m. - 1:00 p.m.
Contract, the Market and Technology in Law and Legal Theory
o Barbara Black –Some Contract History
o Lewis Grossman - The Benefits and Evils of Competition: James Coolidge Carter’s Supreme Court Advocacy
o Yochai Benkler - Transformations in the Digitally Networked Environment: The Second Time As Farce?
o Greg Mark - On Limited Liability: A Speculative Essay on Evolution and Justification
o Katherine Stone - John R. Commons and the Origins of Legal Realism; Or, The Other Tragedy of the Commons
o Oren Bracha - Geniuses and Owners: The Construction of Inventors and the Emergence of American Intellectual Property
o Steven Wilf - The Moral Lives of Intellectual Properties
Moderator: Alfred Brophy
1:00 - 2:10 p.m.
o Stan Katz and Dirk Hartog - Our First Encounters with Morty: Notes toward the Historiography of American Legal History after the Coming of Morty
o Ted White The Origins of Modern American Legal History
2:15 - 4:00 p.m.
Colonial Law, the Revolution and the Early Republic
o Daniel Hulsebosch - Debating the Transformation of American Law: James Kent, Joseph Story, and the Legacy of the Revolution
o Alison LaCroix - Drawing and Redrawing the Line: The Pre-Revolutionary Origins of Federal Ideas of Sovereignty
o Mary Bilder - Colonial Constitutionalism and Constitutional Law
o Sally Hadden - DeSaussure and Ford: A Charleston Law Firm of the 1790s
o Christine Desan - Contract and the Coming of Capitalism
o Rob Steinfeld - Conflicting Visions of Constitutional Order and Judicial Review in the Early Republic
o Fred Konefsky - Boston Culture and the Social Meaning and Construction of the Charles River Bridge Case
Moderator: Jed Shugerman
4:15 - 6:00 p.m.
New Legal Perspectives on the Long Nineteenth Century
o Polly J. Price - Stability and Change in Antebellum Property Law
o Daniel W. Hamilton – Emancipation and the Common Law: Litigating Human Property after the Civil War
o Alfred Brophy – Progress and Law in Antebellum Literary Addresses
o David Barron, War Powers in Historical Perspective
o Sandy Kedar - The Transformation of the Israeli Land Regime
o Constance Backhouse - Anti-Semitism and the Law in Québec City: The Plamondon Case, 1910-1915
o Elizabeth Blackmar - Historical Materialism and the Languages of Law, Ideology, and Common Sense
o Chris Tomlins - One More Time: Marxism and the History of Law
Moderator: Ariela Dubler
6:00 -7:00 p.m.
Saturday, September 27
9:00 - 10:45 a.m.
The Warren Court, Rights and Democracy
o Owen Fiss - The Warren Court and the Pursuit of Justice
o Mark Tushnet - The Warren Court and the Limits of Justice
o Chris Schmidt - Hugo Black's Civil Rights Movement
o Tony Freyer - The Warren Court As History
o Stephen A. Siegel - The Death and Rebirth of the Clear and Present Danger Test
o William Simon - Morton Horwitz, Critical Legal Studies, and the Warren Court
o Thomas Green - Freedom, Responsibility and the Criminal Trial Jury in American Legal Thought
o Lawrence Friedman - Fundamental Rights in Historical Perspective
Moderator: Kenneth Mack
11:00 - 12:45 p.m.
The History and Historiography of Legal History
o Charles Donahue, Jr. – Whither Legal History?
o Sanford Levinson and Jack Balkin - Morton Horwitz and The Rule of Law
o Laura Kalman - Transformations
o Bill Nelson – Who Should Judge Legal History: Lawyers or Historians?
o Assaf Likhovski - Two Horwitzian Journeys
o James Hackney - Professor Horwitz’s Post-Modern Transformation
o William Michael Treanor - Morton Horwitz: Legal Historian as Lawyer and Historian
o David Sugarman – The Influence of Morton Horwitz in the English-Speaking World Beyond the USA
Moderator: Bruce Mann
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