The Dilemma of the Abolitionist Judge

Honorable Mark I. Bernstein Alan Butkovitz, City Controller 9:00 am – 11:30 am What options does a judge have when s/he must hand down a decision based on an unjust or oppressive law? What does the oath to uphold the law mean? In the 18th and 19th centuries, antebellum judges who opposed slavery on moral grounds were asked to rule on fugitive slave rendition cases.

In this seminar, Judge Bernstein and Controller Butkovitz will review the conundrums presented to the abolitionist judge, a dramatic magnification of dilemmas of duty versus conscience which face judges today. How much flexibility should a judge be allowed in interpreting the law? The Constitution? Mandatory sentencing? The death penalty? Are the only choices “strict constructionist” or “activist”?
Two (2) substantive credits: $75.
Breakfast included; dietary laws observed.
Doors open at 8:30 am; course starts promptly at 9:00 am.

This lecture is planned in coordination with the 2009-2010 One Book selection: All Other Nights by Dara Horn. Books available for purchase $15.

Cost: $75.00