Law and Policy

Instructor: Sarah Staszak

While the judiciary has often been described as the “least dangerous branch” of government, over the course of the 20th century, questions of law, politics, and policy have become increasingly intertwined—both in the U.S. and abroad. During the rights revolution era in particular, courts became an alternate venue for individuals and groups facing profound barriers to pursuing their interests through the traditional political process, and even government actors themselves began to look to the courts to settle questions not only of law, but also of policy. As more individuals and groups look to the courts to settle more types of disputes than ever before, judges today play an important role in policymaking and social change, potentially blurring the distinction between “law” and “politics.”

This practicum will focus on the role that judicial institutions play in politics and policy, and how this role has transformed over time. Readings will center on issues of whether law is separable from politics, how judicial systems have evolved in their form and function, why we increasingly look to the courts to address matters of politics and policy, and the costs and benefits of doing so. In their research, students will have the opportunity to explore theories of legal change, debates about judicial policymaking, social movements and their relationship to law and courts, the relationship between courts and policy implementation, changes in the judiciary and legal profession, and current and/or historical intersections of law, politics, and policy.