Summary: This panel will assess the role of the courts in an uncertain economic climate. Given the financial troubles plaguing the United States, how much emphasis should the judiciary place on the constitutional protection of private property? In a difficult economic climate, should a judge's empathy for those in financial distress affect his rulings? If a state defaults on its obligations, what is the appropriate role of the courts? Should a refusal to pay constitute a violation of the Takings Clause? On a broader level, to what extent do interpretive methods have financial consequences? How much stock do investors put in stability in judicial reasoning when choosing where to place their money? Does our current law protect private property too much or not enough to maximize social utility, and should that be the standard by which we judge the legal protection of property rights? Does the experience of other countries offer any lessons in this area? The Federalist Society's Student Division presented this panel at the 2011 Annual Student Symposium on February 26, 2011. Panelists included Dean Paul G. Mahoney of the University of Virginia School of Law; Prof. Paul Stephan of the University of Virginia School of Law; Prof. Todd Zywicki of George Mason University School of Law; and Judge Diane Sykes of the U.S. Court of Appeals for the Seventh Circuit as the moderator. Introduction by Mr. Joseph D'Agostino, Speakers and Panels Vice Chair for the University of Virginia Federalist Society.
