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April 1, 2011
Is Erie Among The Most Maligned Decisions In Supreme Court History?
Yes, according to a symposium going on today at Pepperdine University School of Law entitled Supreme Mistakes: Exploring the Most Maligned Decisions In Supreme Court History. From the symposium brochure:
This symposium will focus on notable United States Supreme Court decisions. However, rather than showcasing the Court’s best or most popularly acclaimed decisions, the symposium will spotlight the most widely criticized decisions the Court has handed down in its history.
Each symposium presenter will articulate exactly why he or she would nominate a particular case for the Supreme Court’s “Hall of Shame.” Another presenter will then have the opportunity to redeem the Court’s reasoning or at least put the case in its historical context.
The underlying goal of the symposium is not to criticize the failings of the Court over its history, but rather to take a serious and scholarly look at the limits of judicial power and discretion through a historical lens.
The symposium will address the following five decisions: Korematsu v. United States, Plessy v. Ferguson, Buck v. Bell, Dred Scott v. Sandford, and Erie Railroad v. Tompkins.
(Hat Tip: Paul Caron)