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Empathy And Article Iii: Judge Weinstein, Cases And Controversies, Susan Bandes
Empathy And Article Iii: Judge Weinstein, Cases And Controversies, Susan Bandes
College of Law Faculty
The question of whether judges ought to be empathetic has been hotly debated in recent years. This volume celebrating the life and achievements of Judge Jack Weinstein presents an ideal opportunity to productively focus and narrow the empathy debate. Problematically, this debate generally treats judging as a monolithic concept. To debate whether empathy is a desirable attribute of judges as a general matter is to overlook important distinctions between trial, appellate, and Supreme Court jurists, and between federal and state courts. Using Judge Weinstein’s approach to judging as a touchstone, I explore the role of empathy for Article III judges, …
Civil Liberties And The 'Imaginative Sustenance' Of Jewish Culture, Susan Bandes
Civil Liberties And The 'Imaginative Sustenance' Of Jewish Culture, Susan Bandes
College of Law Faculty
This short essay is included in a symposium issue entitled "People of the Book: Judaism's Influence on American Legal Scholarship." It is a meditation on how my background as a Reform Jew growing up in New York City influenced my work as a constitutional lawyer and my scholarship in the fields of criminal procedure and federal jurisdiction. As Irving Howe observed: "The imaginative sustenance that Yiddish culture and the immigrant experience could give to American Jewish writers rarely depended on their awareness or acknowledgement of its presence. Often it took the form of hidden links of attitude and value." In …