The Evolution of Theory: Discerning the Catalysts of Constitutional Change

The Notre Dame Law Review 2013 Symposium, The Evolution of Theory: Discerning the Catalysts of Constitutional Change, will be held on Friday, November 1.  It will delve into the factors of constitutional doctrinal shifts, focusing on the question of whether the evolution of constitutional theory is driven by external pressures—such as economics, politics, culture, and social movements—or by an internal dialectic about constitutional meaning.  Ultimately, it looks to shed light on this question by exploring the most salient points of constitutional development and change in the 20th century. 

The Symposium will have three panels of speakers that will focus on the following eras: the Lochner/New Deal “switch in time,” the rights revolution of the Warren and Burger Courts, and the formalist revival of the Rehnquist and Roberts Courts. 

Speakers for the panels will include:

• Lochner and the New Deal "Switch in Time": David Bernstein, George Mason University School of Law; Barry Cushman, Notre Dame Law School; Samuel Olken, John Marshall Law School; with commentary by William K. Kelley, Notre Dame Law School.
• The Rights Revolution of the Warren and Burger Courts: Lucas Powe, University of Texas School of Law; Brad Snyder, University of Wisconsin Law School; Ryan Williams, Columbia Law School; with commentary by David Strauss, University of Chicago Law School.
• The Conservative Revival of the Rehnquist and Roberts Courts: Kurt Lash, University of Illinois College of Law; Stephen Sachs, Duke University School of Law; Keith Whittington, Princeton University; with commentary by Amy Coney Barrett, Notre Dame Law School.

The keynote address will be given by Judge Brett Kavanaugh, United States Court of Appeals for the District of Columbia Circuit.