Open Access. Powered by Scholars. Published by Universities.®

Political Science Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 2 of 2

Full-Text Articles in Political Science

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee Nov 2012

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith Bybee

Keith J. Bybee

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 ...


Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee Nov 2012

Open Secret: Why The Supreme Court Has Nothing To Fear From The Internet, Keith Bybee

Keith J. Bybee

The United States Supreme Court has an uneasy relationship with openness: it complies with some calls for transparency, drags its feet in response to others, and sometimes simply refuses to go along. I argue that the Court’s position is understandable given that the internet age of fluid information and openness has often been heralded in terms that are antithetical to the Court’s operations. Even so, I also argue the Court actually has little to fear from greater transparency. The understanding of the Court with the greatest delegitimizing potential is the understanding that the justices render decisions on the ...