In his senate confirmation hearing to become Chief Justice of the United States, John Roberts likened judging to a baseball umpire impartially calling “balls and strikes,” rather than trying to help any of the teams competing to make the law. Roberts was expressing the common view that judges should apply the law rather than make it. Judges should not, according to this view, “legislate from the bench.”

When do judges in fact make law, and when should judges make law? Do these questions apply only to judges in our government courts, or also to private-sector judges (arbitrators)?

The University of Kansas community has the chance to hear Distinguished Professor Stephen Ware deliver his Inaugural Lecture on Friday, April 7th at 4:00pm via zoom.