Eric A. Posner

The Prudent and the Imprudent
May 18, 2010

Schoenfeld believes that often the nation has not gone far enough in restricting civil liberties. He argues that the United States has not worked har

The Limits of Limits
May 05, 2010

Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law By Kal Raustiala (Oxford University Press, 328 pp., $29.95) In 1898, American and Spanish officials signed the Treaty of Paris, which ended the Spanish-American War. Spain ceded Cuba, the Philippines, Puerto Rico, and other colonial possessions to the United States. The Spanish-American War had been fought in the name of Cuban freedom, and sentiment in the United States favored Cuban independence.

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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