The “Least Dangerous” Branch: The Role of the Judiciary in American Society TodayMaster ClassIn-Person
Friday, May 30, 2025
9:00 a.m. – 4:00 p.m
Daniel P. Moynihan Courthouse
500 Pearl St
New York, NY 10007
The Daniel Patrick Moynihan United States Courthouse is a courthouse at 500 Pearl Street, along Foley Square, in the Civic Center neighborhood of Lower Manhattan in New York City. The 27-story courthouse, completed in 1996, houses the United States District Court for the Southern District of New York.
In the Federalist Papers, Alexander Hamilton called the judiciary the “least dangerous” branch of the United States government. At the same time, he emphasized the importance of an independent judiciary. This master class, led by a recently retired federal judge, will consider how judges are selected and held accountable, how judges meet the challenge of remaining fair and impartial in resolving disputes before them, and the role of the judiciary in serving as a guardrail to protect democracy. The class will focus on the differences between trial and appellate judges, as well as the ongoing debate between those who advocate judicial activism and those who favor judicial restraint. Finally, attendees will be given a set of facts and the applicable law, and be asked to render a decision as if they were judges. Together, we will examine whether Hamilton’s assessment of the judiciary branch is accurate today.
U.S. GOVERNMENT, LAW, ETHICS, ACTIVISM
James L. Cott
James L. Cott served as a United States magistrate judge for the Southern District of New York from 2010 to 2024, and was the chief magistrate judge from 2022 to 2024. Prior to his appointment to the bench, Judge Cott served as the chief of the civil division in the United States Attorney's Office for the Southern District of New York from 2003 to 2010. A graduate of Harvard College and Northeastern University School of Law, Judge Cott is the former associate director of litigation at the NAACP Legal Defense & Educational Fund. Among his many teaching experiences, Judge Cott taught the government civil litigation clinic and seminar at New York University School of Law, and for many years taught at Fordham Law School. He has previously co-taught a master class called “The Fourth and Fourteenth Amendments: A View from the Bench.”