Keith J Bybee
Biographic Data
| ID | 2028555 |
|---|---|
| NAME | Keith J Bybee |
| GIVEN NAMES | Keith J |
| FAMILY NAME | Bybee |
| SIGNATURE | BYBEE K J |
| AFFILIATIONS | Syracuse University |
| VERIFIED | No |
| TOTAL WORKS | 15 |
| TOTAL CITATIONS | 23 |
| AUTHOR COUNT | 15 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1996 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Law and/or/as Civility
The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday behavior to constitute civility, then we can approach the current state of affairs by asking how law and civility relate to one another. I survey and discuss three diff…
The Rise of Trump and the Death of Civility
According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways …
All Judges Are Political—Except When They Are Not
The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law…
Paying Attention to What Judges Say
Judges and scholars often speak about the very same subject in very different terms. Judges regularly provide written explanations of their rulings, and scholars regularly argue that the true determinants of judicial decision making lie beyond the words of the judicial opinion. This review engages lines of research that take the fact of competing judicial and scholarly accounts of judicial decision making as the subject of study. In particular, t…
Judging in Place
What can judicial architecture tell us about how courts function? In this essay, I examine Legal Architecture: Justice, Due Process, and the Place of Law (2011) by Linda Mulcahy and Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (2011) by Judith Resnik and Dennis Curtis. I argue that both books develop an understanding of judicial architecture as a socially contingent form of communication. I rel…
Efficient, Fair, and Incomprehensible
Socio-legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that sta…
Law in Action
Legal Realism, Common Courtesy, and Hypocrisy
In the USA, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted – and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politic…
Citizenship at Home and Abroad
Editor's Note:What is the meaning of citizenship in the context of globalization? The proliferation of transnational organizations in the postwar era coupled with the internationalization of human rights and the rise of supranational governmental institutions have led some observers to claim a kind of postnational citizenship is emerging with its own set of benefits and burdens that is related to, yet distinct from, citizenship within any given c…
Freedom and Time
The Jurisprudence of Uncertainty
Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court. Cambridge: Harvard University Press, 1999. xiv + 290 pages. $29.95 cloth; $18.95 paper. In 1959, the political scientist Charles Lindblom published a celebrated defense of incremental policymaking (Lindblom 1988a). In theory, Lindblom observed, policymakers are expected to formulate plans in a comprehensive fashion, clearly identifying their objectives and carefully c…
The Political Significance of Legal Ambiguity
During the past 20 years, the American politics of race has been characterized by fundamental disagreements over the legitimacy of racial preferences. I trace the development of these disagreements within the Supreme Court's jurisprudence of affirmative action. I argue that the content and endurance of the Court's ambiguous jurisprudence stems from the particular politics of constitutional adjudication. More specifically, I argue that the overarc…
Splitting the Difference
Splitting the Difference
To Serve these Rights
Journal Article To Serve these Rights: The Declaration of Independence and Constitutional Interpretation, by Scott Douglas Gerber Get access To Serve These Rights: The Declaration of Independence and Constitutional Interpretation by Scott Douglas Gerber. New York, New York University Press, 1995. 315 pp. $45.00. Keith J. Bybee Keith J. Bybee Harvard University Search for other works by this author on: Oxford Academic Google Scholar Political Scie…
Law in Action
Paying Attention to What Judges Say
Judges and scholars often speak about the very same subject in very different terms. Judges regularly provide written explanations of their rulings, and scholars regularly argue that the true determinants of judicial decision making lie beyond the words of the judicial opinion. This review engages lines of research that take the fact of competing judicial and scholarly accounts of judicial decision making as the subject of study. In particular, t…
The Political Significance of Legal Ambiguity
During the past 20 years, the American politics of race has been characterized by fundamental disagreements over the legitimacy of racial preferences. I trace the development of these disagreements within the Supreme Court's jurisprudence of affirmative action. I argue that the content and endurance of the Court's ambiguous jurisprudence stems from the particular politics of constitutional adjudication. More specifically, I argue that the overarc…
Judging in Place
What can judicial architecture tell us about how courts function? In this essay, I examine Legal Architecture: Justice, Due Process, and the Place of Law (2011) by Linda Mulcahy and Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (2011) by Judith Resnik and Dennis Curtis. I argue that both books develop an understanding of judicial architecture as a socially contingent form of communication. I rel…
Efficient, Fair, and Incomprehensible
Socio-legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that sta…
The Jurisprudence of Uncertainty
Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court. Cambridge: Harvard University Press, 1999. xiv + 290 pages. $29.95 cloth; $18.95 paper. In 1959, the political scientist Charles Lindblom published a celebrated defense of incremental policymaking (Lindblom 1988a). In theory, Lindblom observed, policymakers are expected to formulate plans in a comprehensive fashion, clearly identifying their objectives and carefully c…
To Serve these Rights
Journal Article To Serve these Rights: The Declaration of Independence and Constitutional Interpretation, by Scott Douglas Gerber Get access To Serve These Rights: The Declaration of Independence and Constitutional Interpretation by Scott Douglas Gerber. New York, New York University Press, 1995. 315 pp. $45.00. Keith J. Bybee Keith J. Bybee Harvard University Search for other works by this author on: Oxford Academic Google Scholar Political Scie…
To Serve these Rights
Journal Article To Serve these Rights: The Declaration of Independence and Constitutional Interpretation, by Scott Douglas Gerber Get access To Serve These Rights: The Declaration of Independence and Constitutional Interpretation by Scott Douglas Gerber. New York, New York University Press, 1995. 315 pp. $45.00. Keith J. Bybee Keith J. Bybee Harvard University Search for other works by this author on: Oxford Academic Google Scholar Political Scie…
Splitting the Difference
Splitting the Difference
The Political Significance of Legal Ambiguity
During the past 20 years, the American politics of race has been characterized by fundamental disagreements over the legitimacy of racial preferences. I trace the development of these disagreements within the Supreme Court's jurisprudence of affirmative action. I argue that the content and endurance of the Court's ambiguous jurisprudence stems from the particular politics of constitutional adjudication. More specifically, I argue that the overarc…
The Jurisprudence of Uncertainty
Cass R. Sunstein, One Case at a Time: Judicial Minimalism on the Supreme Court. Cambridge: Harvard University Press, 1999. xiv + 290 pages. $29.95 cloth; $18.95 paper. In 1959, the political scientist Charles Lindblom published a celebrated defense of incremental policymaking (Lindblom 1988a). In theory, Lindblom observed, policymakers are expected to formulate plans in a comprehensive fashion, clearly identifying their objectives and carefully c…
Freedom and Time
Legal Realism, Common Courtesy, and Hypocrisy
In the USA, courts are publicly defined by their distance from politics. Politics is said to be a matter of interest, competition, and compromise. Law, by contrast, is said to be a matter of principle and impartial reason. This distinction between courts and politics, though common, is also commonly doubted – and this raises difficult questions. How can the courts at once be in politics yet not be of politics? If the judiciary is mired in politic…
Citizenship at Home and Abroad
Editor's Note:What is the meaning of citizenship in the context of globalization? The proliferation of transnational organizations in the postwar era coupled with the internationalization of human rights and the rise of supranational governmental institutions have led some observers to claim a kind of postnational citizenship is emerging with its own set of benefits and burdens that is related to, yet distinct from, citizenship within any given c…
Law in Action
Efficient, Fair, and Incomprehensible
Socio-legal scholars often approach dispute resolution from the perspective of the disputants, emphasizing how the resources on each side shape the course of conflict. We suggest a different, “supply-side,” perspective. Focusing on the state's efforts to establish centralized courts in place of local justice systems, we consider the strategies that a supplier of dispute resolving services uses to attract disputes for resolution. We argue that sta…
Paying Attention to What Judges Say
Judges and scholars often speak about the very same subject in very different terms. Judges regularly provide written explanations of their rulings, and scholars regularly argue that the true determinants of judicial decision making lie beyond the words of the judicial opinion. This review engages lines of research that take the fact of competing judicial and scholarly accounts of judicial decision making as the subject of study. In particular, t…
Judging in Place
What can judicial architecture tell us about how courts function? In this essay, I examine Legal Architecture: Justice, Due Process, and the Place of Law (2011) by Linda Mulcahy and Representing Justice: Invention, Controversy, and Rights in City-States and Democratic Courtrooms (2011) by Judith Resnik and Dennis Curtis. I argue that both books develop an understanding of judicial architecture as a socially contingent form of communication. I rel…
All Judges Are Political—Except When They Are Not
The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law…
The Rise of Trump and the Death of Civility
According to supporters and opponents alike, Donald Trump has been an unconventional candidate and president. In this article, I evaluate the relationship between Trump’s unconventional behavior and the requirements of civility. I provide a definition of civility, and I explain why it makes sense to relate Trump’s actions to civil norms. I then discuss how civility is enacted, I examine criticisms of civility’s triviality, and I explore the ways …
Law and/or/as Civility
The United States, like many countries around the world today, is experiencing the disruption of traditional patterns of governance and the breaking of norms of everyday behavior. If we identify the norms of governance with the rule of law, and if we consider the norms of everyday behavior to constitute civility, then we can approach the current state of affairs by asking how law and civility relate to one another. I survey and discuss three diff…
Law (15 works) · Political science (15 works) · Law (14 works) · Sociology (13 works) · Politics (12 works) · Judicial and Constitutional Studies (9 works) · Law and economics (7 works) · Economics (5 works) · Law in Society and Culture (5 works) · Legal Education and Practice Innovations (5 works)