Eric A. Posner

Executive Decision
March 29, 2010

Benjamin Kleinerman argues that the president needs the discretionary power to disregard the law during emergencies, but also that actions taken pursu

The Decider
January 11, 2010

Justice Anthony Kennedy has power, but he lacks respect. Situated at the ideological midpoint of the Supreme Court, he chooses the outcome when his ei

Outcomes, Outcomes
September 01, 2009

The Constitution in 2020 Edited by Jack M. Balkin and Reva B. Siegel (Oxford University Press, 355 pp., $19.95) There is a genre, the "constitutional manifesto," that sits uneasily between the scholarly or theoretical analysis of constitutional law and the buzzwords of day-to-day constitutional politics. The latter category may be nicely illustrated by the competing slogans of interest groups contesting the Sotomayor nomination: "judicial activism," "empathy," and so on.

Outcomes, Outcomes
August 12, 2009

THE CONSTITUTION IN 2020 Edited by Jack M. Balkin and Reva B. Siegel (Oxford University Press, 355 pp., $19.95)   There is a genre, the "constitutional manifesto," that sits uneasily between the scholarly or theoretical analysis of constitutional law and the buzzwords of day-to-day constitutional politics. The latter category may be nicely illustrated by the competing slogans of interest groups contesting the Sotomayor nomination: "judicial activism," "empathy," and so on.

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