An upcoming conference at UVA will honor and explore the legacy and memory of my late colleague, the wonderful Fred Schauer. From the UVA website:
An interdisciplinary and international group of scholars will explore the legacy of the late UVA Law professor Frederick Schauer, a world-renowned scholar whose work spanned law and philosophy, evidence and psychology, constitutional law and freedom of speech.
Schauer, who died Sept. 1, was the David and Mary Harrison Distinguished Professor of Law at the Law School. Before joining the UVA faculty in 2008, he was Frank Stanton Professor of the First Amendment at Harvard’s Kennedy School of Government. A fellow of the American Academy of Arts and Sciences, he was a founding editor of the journal Legal Theory and a recipient of a Guggenheim Fellowship.
Over the course of his life, Schauer wrote more than 300 works, including the books “The Law of Obscenity,” “Free Speech: A Philosophical Enquiry,” “Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and in Life,” “Profiles, Probabilities, and Stereotypes,” “Thinking Like a Lawyer: A New Introduction to Legal Reasoning,” “The Force of Law,” and “The Proof: Uses of Evidence in Law, Politics and Everything Else,” which won the 2023 Scribes Book Award. He is the editor of Karl Llewellyn’s previously unpublished book, “The Theory of Rules.”
Event Details
Thursday, Sept. 11
1:30 p.m.
Welcome and Introduction: Dean Leslie Kendrick ’06
2-3:45 p.m.
Session 1: Law & Philosophy
- Kimberly Kessler Ferzan (University of Pennsylvania Carey Law School), “It Had To Be You: Schauer in the Shadow of Criminal Law”
- Brian Leiter (University of Chicago Law School), “Legal Indeterminacy and Determinacy: A Comment on Schauer on Legal Realism”
- Amalia Amaya Navarro (University of Edinburgh School of Law), “Do Virtuous Judges Play by the Rules?”
- Moderator: Charles Barzun ’05 (University of Virginia School of Law)
4-5:45 p.m.
Session 2: Constitutional Theory
- Lawrence Alexander (University of San Diego School of Law), “A Wonderful Professional Relationship Surpassed Only By A Personal One”
- Allison Orr Larsen ’04 (William & Mary Law School), “Judicial Knowing”
- Richard M. Re (Harvard Law School), “Unprincipled Adjudication”
- Moderator: Lawrence B. Solum (University of Virginia School of Law)
Friday, Sept. 12
9:30-11:30 a.m.
Session 3: Proof
- Edward K. Cheng (Vanderbilt University Law School), “Deepfakes, Photographs, and Trust in Evidence”
- Walter Sinnott-Armstrong (Duke University), “Burden of Proof in Philosophy: Lessons from Law via Schauer”
- Alex Stein (Supreme Court of Israel), “Playing by the Rules of Evidence” (via Zoom)
- Moderator: Barbara Spellman (University of Virginia School of Law)
12:45-2:45 p.m.
Session 4: Rules & Reason
- Richard Zeckhauser and John Allenbach (Harvard University Kennedy School), “Information Flow in Law and Life: Signaling, Shaping, and Stifling”
- Nick Almendares (Indiana University Maurer School of Law) and Michael Gilbert (University of Virginia School of Law), “Enforcement Signals Under Rules and Standards”
- Jed Rakoff (U.S. District Court, Southern District of New York), “Fred Schauer — A Truly Original Thinker” (via Zoom)
- Moderator: Deborah Hellman (University of Virginia School of Law)
3-5 p.m.
Session 5: Free Speech
- Susan J. Brison (Dartmouth College), “Free Speech on Occasion”
- Amanda Shanor (Wharton School of the University of Pennsylvania)
- Adrienne Stone (Melbourne Law School), “Schauer and Free Speech Comparativism” (via Zoom)
- Mark Tushnet (Harvard Law School), “Second and Third Order Legal Reasoning Applied to Free Expression Law”
- Moderator: Danielle Citron (University of Virginia School of Law)