Brian Leiter on Judicial Decisionmaking
In this episode, Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, Director of the Center for Law, Philosophy, and Human Values at the University of Chicago Law School, discusses his article "The Roles of Judges in Democracies: A Realistic View," which is published in the Journal of Institutional Studies, and will appear in his forthcoming book From a Realist Point of View. Leiter begins by observing that realism about democracy ought to cause us to reject concerns about countermajoritarianism. He argues that judges must exercise discretion in decisionmaking, and makes suggestions about how progressive judges should think about exercising discretion. Leiter is on Twitter at @BrianLeiter.