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The Most Disparaged Branch: The Role of Congress in the 21st Century
A look back with Professor James E. Fleming at BU Law’s most recent conference
James E. Fleming is Professor of Law and The Honorable Frank R. Kenison Distinguished Scholar in Law. He, together with his wife, Linda C. McClain, Professor of Law and Paul M. Siskind Scholar of Law, joined the BU faculty in fall 2007 after many years of practicing and teaching in New York. Professor Fleming is Chair of the Conference Committee.
Boston University School of Law held a conference on The Most Disparaged Branch: The Role of Congress in the 21st Century on November 14-15, 2008. It was the third in a series of conferences at BU that began with The Role of the Judge in the 21st Century and continued with The Role of the President in the 21st Century. The conference raised timely and important topics, and we were privileged and delighted to have an outstanding group of law professors and political scientists to address them. We are confident that the papers and proceedings, to be published in Boston University Law Review, will make a significant contribution to scholarship.
If the judiciary has been called "the least dangerous branch," and the executive "the most dangerous branch," then surely Congress has been "the most disparaged branch" (or "the least respected branch"). What is more, there is considerable talk of failure in the air these days, including constitutional failure, moral failure, political failure, and institutional failure, and criticisms of Congress figure prominently in this discourse. The conference took up questions such as the following: Is Congress up to the challenge of meeting the daunting problems that it will face in the 21st Century? Are there plausible and attractive reforms that might better equip it to face these problems? >>View full conference panel descriptions
Notably, the conference highlighted the breadth and depth of the BU faculty in constitutional theory, jurisprudence, and legislation. In fact, we had at least one BU faculty member presenting a paper on every panel. Writers for the conference included, besides me, BU School of Law faculty members Gary Lawson, Alan Feld, Bob and Ann Seidman, Hugh Baxter, Linda McClain, and Jack Beermann. And we were delighted to have two colleagues from the BU Department of Political Science participating: Graham Wilson and Doug Kriner. Thus, the conference was a living realization of the BU Administration’s commitment to “one BU” and to BU School of Law’s commitment to the highest caliber of interdisciplinary scholarship both within BU and the larger community of scholars.
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| Download conference brochure (pdf) |
To give the keynote address for this conference, we were delighted to have Professor Jeremy Waldron, University Professor at New York University School of Law, one of the leading political and legal philosophers in the world today. You may be familiar with the advertising slogan of a certain eastern office supply company, “Who But W.B. Mason?” Well, when it came time to choose a keynote speaker for this conference, I and everyone I consulted concluded: “Who but Jeremy Waldron?” For, among law professors in America, no one is more famous for bucking the trend of celebrating courts and disparaging legislatures than is Professor Waldron. He is best known to American audiences for his tireless criticism of and outspoken opposition to judicial review of legislation. And among legal and political philosophers, no one is more prominent than he in defending the dignity of legislation. In his aptly titled book, The Dignity of Legislation, his ambition is nothing less than to present legislation as a dignified mode of governance and a respectable source of law. Professor Waldron gave an erudite, illuminating, and engaging keynote lecture.
To give the lunch address, we were honored to have Professor Lawrence Lessig, the C. Wendell and Edith M. Carlsmith Professor of Law at Stanford Law School (and, beginning in the fall, a professor at Harvard Law School). Professor Lessig is exceptionally well known for being the leading figure in the world in cyberlaw and for being a visionary concerning copyright, innovation, and the future of ideas. Why did we invite him to speak at a conference on the disparagement of Congress? Well, because our conference was not only about criticisms of Congress but also about proposals for reforming Congress. Professor Lessig recently launched “Change Congress,” a national movement to end corruption in America’s Congress. Hence the title of his lecture, “On How A Congress Might Be Changed: The Politics of Fundamental Reform.” Professor Lessig is famous for giving compelling presentations, and his clever and provocative lunch presentation for the conference did not disappoint!
We were pleased that a number of alumni attended the conference, and many more who could not attend expressed interest in receiving a copy of the published symposium issue.
>>View video footage from The Role of Congress in the 21st Century
Upcoming conference details:
Our next major conference, scheduled for September 25-26, 2009, will focus on the jurisprudence of Ronald Dworkin. Dworkin is the leading legal philosopher in the world today, and a prominent constitutional theorist. The conference will bring together many outstanding law professors and legal philosophers to assess Dworkin's ideas. Dworkin himself will give the keynote address. He is renowned as one of the most captivating lecturers in the legal academic world. I want to take this opportunity to encourage alumni to come to the conference and, in particular, to attend Professor Dworkin's keynote lecture.
Sincerely,
James Fleming
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The Record Honors Alumni Near and Far
In our own city and locations far outside it, BU Law alumni are continually marked as successful innovators in their fields. This year's Record highlights these remarkable stories and others, proving the reach and accomplishment for which our graduates continue to be known.
Inside this issue:
Boston-based investor, Robert Smith ('65), has been conducting daredevil (and wildly successful) financial transactions for some 30 years. In Prague, Richard Graber ('81), U.S. Ambassador to the Czech Republic, works to create solid relations between our two countries. Pro Bono Program students continue their work in New Orleans, offering legal aid to hurricane victims, and successful alumni such as Michael Fricklas (’84) visit the BU Law classroom to give students an inside glimpse of real-world legal transactions.
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Interactive BU Law History Timeline Launched
From the day we opened our doors in 1872, BU Law has admitted students without regard to race, gender or religion. Our graduates have been pioneers in society and in their chosen fields. New to the School’s Web site is an interactive history timeline which allows viewers to navigate through the law school’s rich past to its present-day accomplishments.
Did you know that the first athlete in Olympic history to win two championships at the games graduated from BU Law? That Lelia Robinson (1881), the first woman admitted to the Massachusetts Bar in 1882, was a BU Law graduate? That three BU Law alumni won a landmark civil suit against the federal government in 2007?
>>Learn more about our amazing history makers: http://www.bu.edu/law/timeline.
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BU Law Celebrates 50 Years of Health Law
When Professor Frances Miller first began teaching Health Law in 1971, she knew that “the field was a much broader subject than doctors in the courtroom.” Since its inception as the Law-Medicine Research Institute in 1958, the program has grown to include courses in health care organization, health insurance and food and drug law. With the help of Professor George Annas and others, Professor Miller helped shape the program to include interdisciplinary teaching and research in topics that continued to change as the program grew. Today, 50 years since the creation of Health Law at BU Law, the program is still at the forefront of this dynamic field.
BU Law’s recent publication, 50 Years of Health Law, celebrates the history and evolution of the program. Currently ranked #7 by U.S. News & World Report, Health Law at BU Law now encompasses dual degree programs in Law and Health Care Management, Law and Public Health and an array of externship and clinical opportunities. 50 Years of Health Law recognizes the impressive growth of the program at BU Law, and those who made it possible.
>>Download 50 Years of Health Law brochure (pdf)
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Alumni in the News
BU Law alumni honored in New England Super Lawyers >>Full story
Lee J. Gartenberg ('81) presented the MBA Gold Medal Award >>Full story
Risa Gold ('88) co-authors New York Civil Appellate Practice, now in its second edition >>Full story
Marla Grant ('03) named "Top Up & Comer in South Florida" in South Florida Legal Guide >>Full story
Robert L. Holloway, Jr. ('73) elected vice president of Massachusetts Bar Association
>>Full story
Chief Justice Edward F. Hennessey ('49) receives Gold Medal Award from Massachusetts Bar Association >>Full story
MA Gov. Deval Patrick taps lawyer Mark Mason ('84) for judgeship in Springfield District Court >>Full story
Bettina Plevan ('70) honored by Brooklyn Legal Services Corporation A >>Full story
Daniel Rubinstein ('95) receives Chicago Crime Commission's "Stars of Distinction" Award >>Full story
Richard Soden ('70) honored by ABA Commission on Racial and Ethnic Diversity in the Profession >>Full story
>>View all alumni news here
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Faculty Focus: BU Law announces new chaired professorships
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| From left: Professors Robert Bone, Wendy Gordon and Keith Hylton |
- Professor Robert Bone named the Robert Kent Professor in Civil Procedure
- Professor Wendy Gordon named the Philip S. Beck Professor of Law
- Professor Keith Hylton named the Hon. Paul J. Liacos Professor of Law
Upcoming Events
January 23: YAC/BBA Wine Tasting
6:00-9:00pm, 16 Beacon Street
The New Lawyers' Section of the Boston Bar Association is hosting a wine tasting event and inviting BU Law YAC and young alumni from Boston area law schools. The event will include a "guess the wine" contest with tasting expert, Maribeth Perry and, of course, plenty of networking among other young lawyers. RSVP here or contact 617.778.1982 or afrank@bostonbar.org with questions.
January 27: YAC of Washington, DC, Happy Hour at Clyde’s at Gallery Place
5:30pm, 707 7th Street NW
January 28: 1L Mentor Program Kick Off Reception
6:00-7:30pm, Barristers Hall, BU Law School
February 12: ABA Midyear Meeting Alumni Reception
6:30-8:00pm, Sheraton Boston Independence West Ballroom
February 13: ABA/TIPS Seminar: Anatomy of a Jury Trial
8:30 am-12:30pm, BU Law School
Come hear nationally recognized trial lawyers present an overview of the “nuts and bolts” of presenting a civil case to a jury at trial. This program will focus on the four major components of trial: opening statement, direct examination, cross examination and closing argument. Presentations will include tips, tactics and a demonstration of trial techniques that will educate new litigators and engage seasoned trial lawyers. This program will also include commentary and critique from a trial court judge regarding the best practices he has observed in the court room.
March 24: Public Interest/Admissions Reception honoring Senator Judd Gregg
6:00-7:30pm, Location TBD, Washington, DC
April 4: Silver Shingle Alumni Awards Dinner
6:00-9:30pm, Metcalf Trustee Center, 595 Commonwealth Ave., West Entrance
For more information or to RSVP to the above events, contact the Esdaile Alumni Center at 617.353.3118 or lawrsvp@bu.edu.
>>Please visit the alumni Web site for the most recent event listings.
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Did you know?
Q: Who said: "The woman lawyer in the abstract has not yet attained her majority. The novelty of her very existence has scarcely begun to wear off, and the newspapers publish and republish little floating items about women lawyers along with those of the latest sea-serpent, the popular idea seeming to be that the one is about as real as the other”?
A: Lelia Josephine Robinson (Class of 1881), the first female graduate of BU Law, was also the first woman admitted to the bar in Massachusetts. She succeeded in getting a bill passed which permitted the admission of women to the Massachusetts Bar. The BU Law Women’s Law Association and the MA Women’s Bar Association have both named awards for exemplary leadership in the community after this female pioneer.
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