Why Should Lawyers Be on the Court?

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I have said before in writing, that the court should take what we call social facts or legislative facts into consideration more in their decision making. I think it makes sense to accompany that kind of call with serious consideration of whether some of them should have other other competencies. It seems to me a pretty high percentage of justices historically don't understand anti trust very well because they're not economists. But again, it's an argument for having people with a business experience on the court, people who work with children. There is also some issues around and on the one hand, we think that rights should be stood in really strong terms, and on the other hand, they're a bunch of economic rights

What does it mean to uphold disability rights, or the right to economic liberty? What framework should be used when rights appear to conflict? Constitutional law expert Jamal Greene contends that the way Americans view rights—as fundamental, inflexible, and universal—is at odds with how the rest of the world conceives of them, and even with how our own founders envisaged them. In his new book, How Rights Went Wrong, he lays out his vision for reimagining rights as the products of political negotiation. The goal of judges, he says, should be to manage disagreement in a way that leads to social harmony and social cohesion—and by doing so, foster the ultimate goal of peaceful pluralism.

Jamal and Tyler discuss what he’d change about America’s legal education system, the utility of having non-judges or even non-lawyers on the Supreme Court, how America’s racial history influences our conception of rights, the potential unintended consequences of implementing his vision of rights for America, how the law should view economic liberty, the ideal moral framework for adjudicating conflicts, whether social media companies should consider interdependencies when moderating content on their platforms, how growing up in different parts of New York City shaped his views on pluralism, the qualities that make some law students stand out, and more.

To register for the Talking Talent with Tyler Cowen event, please visit the link below: https://www.mercatus.org/events/talking-talent-tyler-cowen Read a full transcript enhanced with helpful links, or watch the full video.

Recorded April 5th, 2022 Other ways to connect

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