Jeffrey Rosen

Affirmative Action: A Solution
May 08, 1995

Is there a middle ground on affirmative action, an oasis between radical color-blindness on the right and racial quota-mongering on the left? As President Clinton prepares to unveil his conclusions on the subject, it's hard not to sympathize with his political predicament, but hard also not to anticipate his speech with a sense of dread. Having raised expectations so dramatically, he no longer has the luxury of embracing contradictory positions, or retreating into euphemisms. But is his task impossible?

Search and Seize
March 27, 1995

The Senate Judiciary Committee this week debated a bill that would abolish the exclusionary rule, which bars illegally seized evidence from criminal cases. Instead, the bill would let victims of unreasonable searches sue the government for tort damages. "This hearing is an interesting and worthwhile academic exercise," intoned Senator Joseph Biden, who proceeded to browbeat the Republican's star witness, Akhil Amar of Yale Law School. Amar, a liberal Democrat, wrote an article in 1994 that criticized the exclusionary rule as a betrayal of the original understanding of the Constitution.

Storytelling
March 13, 1995

Your legal correspondent has been doing his part to keep this magazine 100 percent O.J.-free. My resolution to miss each moment of the trial of the century began out of indolence and has now blossomed into a ripe affectation. The truth is that I've always had an aversion to celebrity trials: the soap operatic narratives spun out to arouse the passions of jurors leave me alternately indifferent and uncomfortable; and the messy particularity of actual human experience tends to obscure the abstract legal principles that make my heart race.

Dancing Days
March 02, 1995

George Stephanopoulos turned up at the Supreme Court last week, sitting next to Joel Klein, the deputy White House counsel. Their joint appearance seemed to illustrate the administration's anxiety about the case, Adarand v. Pena, in which the Court is being asked to strike down racial preferences in the construction industry that have been endorsed by every president since Nixon. But Klein assured me afterward that Stephanopoulos, who had never seen a Supreme Court argument before, had come along purely out of curiosity. He picked a good day.

The War on Immigrants
January 30, 1995

On December 14, 1994, a federal judge in Los Angeles enjoined the state of California from enforcing Proposition 187, which would deny health, education and welfare benefits to illegal aliens and their children. The case eventually may reach the Supreme Court; and Governor Pete Wilson has called on the justices to overturn a 1982 decision, Plyler v.

Coming to Terms
December 12, 1994

At the end of October a huge red, white and blue envelope from a group called U.S. Term Limits arrived in the mail. "Fellow American," it began, " most members of Congress view their job as guaranteed for life. The average rate for incumbent congressmen over the last decade has been almost 98 percent. why? Because it is almost impossible for a challenger to come anywhere near matching an incumbent's campaign war chest!... term limits is the greatest movement of the twentieth century!" That was last month.

The Forgotten Formalist
December 05, 1994

Hugo Black: A Biography by Roger K. Newman (Pantheon, 741 pp., $30) On February 17, 1960, at New York University, Justice Hugo Black defended his judicial philosophy against the sneers of Felix Frankfurter and Learned Hand. "Some people regard the prohibitions of the Constitution ... as mere admonitions which Congress need not always observe," said Black in backhanded response to Hand's lectures at Harvard two years earlier. This approach, which "comes close to the English doctrine of legislative omnipotence," Black could not accept.

Citizens
November 21, 1994

I flew to Oregon to pick pears with migrant workers. We had a month to kill, and wanted an adventure that combined rugged physical exertion with a hint of social conscience. But the expedition ended badly. When we arrived in Medford, suspicious foremen, convinced we were muckrakers or immigration agents, insisted they had no work. After a week of rejections, we were reluctantly hired by a small company, and soon discovered why we were the only American citizens in the field.

Neo-Nazis!
October 31, 1994

The New Republic does not include footnotes, which is unfortunate in the case of Murray and Herrnstein. For by examining the citations in Chapter 13 of The Bell Curve, from which much of this article is adapted, readers can more easily recognize the project for what it is: a chilly synthesis of the findings of eccentric race theorists and eugenicists. Murray and Herrnstein cannot be held to account for all the views of these scholars. It is useful, however, to examine the sources, which are disclosed in their book but not in these pages. Murray and Herrnstein's discussion of white-Asian i.q.

Is Affirmative Action Doomed?
October 17, 1994

On September 7 Deval Patrick, the assistant attorney general for civil rights, filed a brief in a New Jersey case arguing that it is legal to fire a white teacher over a black teacher purely because of her race. And on August 19 a federal district judge in Austin, Texas, held that aspects of the affirmative action program at the University of Texas law school are unconstitutional. One or both of the cases may reach the Supreme Court before long. Each on its own could revive the debate about racial preferences and ventilate their more troubling assumptions.

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