The Unbearable Rightness of Marbury v. Madison: Its Real Lessons and Irrepressible Myths
The Houston Lawyers Chapter
William H. Pryor Jr.
Start : Friday, September 13, 2013 11:30 AM
End : Friday, September 13, 2013 1:00 PM
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Akin Gump Strauss Hauer & Feld LLP
1111 Louisiana Street, 44th Floor
Houston, TX 77002
- Hon. William H. Pryor Jr., United States Court of Appeals for the Eleventh Circuit
For the last several years, Judge Pryor has taught Federal Jurisdiction at the University of Alabama School of Law, and like many teachers of that subject, he begins by requiring his students to read and discuss what is by all accounts the most famous – and momentous – decision in U.S. Supreme Court history, Marbury v. Madison. As Judge Pryor will explain, while there are many useful lessons in that famous decision, much of what Americans have been told during the last century about Marbury is wrong.
Marbury, Judge Pryor contends, is a victim of historical revisionism. Marbury is often described as the event in which Americans invented judicial review. That notion, Judge Pryor says, is manifestly untrue. So too, Marbury is routinely cited as supporting judicial supremacy, but, Judge Pryor maintains, it does nothing of the sort. Finally, while Marbury is often celebrated as a triumph of judicial activism, Judge Pryor argues that proposition is likewise false. In fact, he says, Marbury v. Madison is an example of judicial restraint. All Americans, especially lawyers and judges, need to learn more about Marbury. By providing a different look at Marbury, Judge Pryor aims to expose both its real lessons and its irrepressible myths.
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