Law, Courtesy, Hypocrisy: A Conversation on “All Judges Are Political – Except When They Are Not…” by Keith Bybee

October 15, 2010

Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest.  Many wonder whether judicial appeals to law are anything more than a fig leaf deployed to obscure partisan purposes.
Comparing law to the practice of common courtesy, Professor Bybee’s new book argues that our courts not only survive under such suspicions of hypocrisy, but actually depend on these conditions.

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IJPM Director Keith Bybee’s Most Recent Book Available September 2010

We live in an age where one person’s judicial “activist” legislating from the bench is another’s impartial arbiter fairly interpreting the law. After the Supreme Court ended the 2000 Presidential election with its decision in Bush v. Gore, many critics claimed that the justices had simply voted their political preferences. But Justice Clarence Thomas, among many others, disagreed and insisted that the Court had acted according to legal principle, stating: “I plead with you, that, whatever you do, don’t try to apply the rules of the political world to this institution; they do not apply.” The legitimacy of our courts rests on their capacity to give broadly acceptable answers to controversial questions. Yet Americans are divided in their beliefs about whether our courts operate on unbiased legal principle or political interest. Comparing law to the practice of common courtesy, Keith Bybee explains how our courts not only survive under these suspicions of hypocrisy, but actually depend on them. Coming in September 2010, All Judges Are Political–Except When They Are Not: Acceptable Hypocrisies and the Rule of Law, will be available from Stanford University Press.

Third Annual Law, Politics, and the Media Lecture Series

February 15, 2010 – April 26, 2010

The American judicial system today operates in a complex environment of legal principle, political pressure, and media coverage. The separate elements of this complex environment are typically studied by different groups of individuals working from different perspectives. Law faculty tend to focus on legal principle; political scientists examine the influence of politics; and scholars of public communications assess the media.The goal of this lecture series was to serve as an introduction to the court system and its environment as a single, integrated subject of study. The lecture series featured sitting judges, practicing lawyers, and working journalists. Each of the lectures was held in Room 204 at the Syracuse University College of Law from 3:50 p.m. to 5:10 p.m.

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The Undulating Role of Federal Judges in Sentencing

February 15, 2010

A conversation with the Honorable Sidney H. Stein, United States District Court Judge, Southern District of New York, about the changing degree of discretion given to federal trial judges in sentencing criminal defendants and the accompanying institutional tensions between the three branches of government.

  • View a Video (Judge Sidney Stein: The Undulating Role of Federal Judges) of this event
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