SPRING SYMPOSIUM | Date and place TBD
Call for Papers
The John Marshall Federal Courts Program announces a call for papers for our Spring 2022 Symposium: Cohens v. Virginia at 200. This symposium will bring together scholars from the fields of law, history, and political science. We will discuss the background, substance, and ongoing significance of this occasionally overlooked and often overshadowed Marshall Court decision. We welcome contributions, both finished and in process, from a variety of scholarly perspectives.
About Cohens v Virginia
Among the most nationalist and most controversial of the Marshall Court’s constitutional cases, the Supreme Court’s affirmation of its authority to exercise appellate jurisdiction over state-court criminal proceedings in Cohens v. Virginia invites scholarly consideration along many dimensions. What are the decision’s enduring contributions to the law of federal jurisdiction? What is the significance of the organized opposition in Virginia’s General Assembly, the energetic opposition in newspapers across states, and the congressional opposition culminating in failed attempts to repeal Section 25 of the Judiciary Act of 1789 for our understanding of judicial authority, popular constitutionalism, and related issues? Did the Court “throw” the merits decision by implausibly narrowing McCulloch and the Grand National Lottery law to avoid open conflict with state authorities? How has Cohensbeen used or misused by the Supreme Court up through the present day? How does the Supreme Court’s role in reviewing the decisions of federal questions in state criminal prosecution look from a perspective that stretches back to Cohens rather than picking up, for instance, with the Warren Court’s criminal procedure revolution? These are but a handful of the many kinds of questions contributors may wish to consider. Whatever the disciplinary perspective, we hope that contributors can make use in some way of The Papers of John Marshall in preparing their papers.
Symposium Dates & Details
The full symposium will convene in the spring of 2022 with a conference preview and Cohens v Virginia re-argument on October 28, 2021; both dates will allow for in-person interchange in Richmond, Virginia. Check back here for more information.
About the John Marshall Federal Courts Program
The John Marshall Federal Courts Program is a partnership of William & Mary Law School, the Omohundro Institute of Early American History and Culture, and the John Marshall Center for Constitutional History & Civics.
For additional information about this symposium, the John Marshall Federal Courts Program, or to submit your interest or title, please contact Caroline Legros, Director of Education & Programming at the John Marshall Center, firstname.lastname@example.org.