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Articles 1 - 5 of 5
Full-Text Articles in Legal History
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee
All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee
College of Law - Faculty Scholarship
This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).
The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.
Comparing law to the practice of common courtesy, the …
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
The Rule Of Law Is Dead! Long Live The Rule Of Law!, Keith J. Bybee
College of Law - Faculty Scholarship
Polls show that a significant proportion of the public considers judges to be political. This result holds whether Americans are asked about Supreme Court justices, federal judges, state judges, or judges in general. At the same time, a large majority of the public also believes that judges are fair and impartial arbiters, and this belief also applies across the board. In this paper, I consider what this half-law-half-politics understanding of the courts means for judicial legitimacy and the public confidence on which that legitimacy rests. Drawing on the Legal Realists, and particularly on the work of Thurman Arnold, I argue …
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
Watergate And The Resignation Of Richard Nixon: Impact Of A Constitutional Crisis (Book Review), Robert J. Weiner Jr.
College of Law - Law Library Staff Scholarship
No abstract provided.
Good Manners, Gay Rights And The Law, Keith J. Bybee
Good Manners, Gay Rights And The Law, Keith J. Bybee
College of Law - Faculty Scholarship
In this paper, I argue that the expansion of LGBT rights requires engagement with the common practices of courtesy that confer and reinforce social standing. In order to understand what this engagement with good manners might look like, I outline the basic features of common courtesy and illustrate how courtesy depends on a mix of utility, habit, and pleasure. I argue that if the practice of courtesy is to be re-appropriated, then all three of the factors that underwrite courtesy must be addressed. I also consider the general possibilities for re-configuring courtesy. And, in this vein, I suggest that the …
Learning More Than Law From Maryland Decisions, Ian Gallacher
Learning More Than Law From Maryland Decisions, Ian Gallacher
College of Law - Faculty Scholarship
No abstract provided.