November 30, 1998
"It is either impeachment or nothing," Gary McDowell, the conservative legal scholar, told the House Judiciary Committee on November 9. "Thus, the current suggestion that Congress might censure the president is to assume a power not given by our Constitution." Many of the scholars who testified during the opening hearing of the House impeachment inquiry agreed with McDowell, but they were overstating the case against censure.
In Defense of Gender-Blindness
June 29, 1998
In Harm's Way: The Pornography Civil Rights Hearings edited by Catharine A. MacKinnon and Andrea Dworkin (Harvard, 496 pp., $24.95) Heterophobia: Sexual Harassment and the Future of Feminism by Daphne Patai (Rowman & Littlefield, 288 pp., $22.95) I. In February, Yale Law School sponsored a conference to celebrate the twentieth anniversary of the publication of Catharine MacKinnon's Sexual Harassment of Working Women.
May 18, 1998
In this 1998 piece, Dana Milbank profiles Kagan the intellectual.
My Wives Club
May 05, 1997
I’m pledging a sorority at Harvard this term. This would be unremarkable except that I am not a student and I am not a woman. My sorority is the Partners’ Club, a group of students’ spouses at Harvard Business School, where my wife is in her first year. “Partners” is actually a euphemism; the group was called the Wives Club for years, and it remains 98 percent female today, a measure of the school’s woeful recruitment of female students.
May 05, 1997
A Matter of Interpretation: Federal Courts and the Law by Antonin Scalia (Princeton University Press, 159 pp., $19.95) Original Meanings: Politics and Ideas in the Making of the Constitution by Jack N. Rakove (Knopf, 420 pp., $35) We are all originalists now. That is to say, most judges and legal scholars who want to remain within the boundaries of respectable constitutional discourse agree that the original meaning of the Constitution and its amendments has some degree of pertinence to the question of what the Constitution means today.
December 09, 1996
After Richard Nixon's re-election in 1972, Democrats accused Arthur Burns, whom Nixon had appointed chairman of the Federal Reserve in 1970, of rigging the election by overstimulating the economy. Burns, they charged, had produced a temporary reprieve from recession, but had also built up inflationary pressures that would burst forth later and produce an even sharper recession. In coming years, Republicans may make similar charges against Robert Rubin, Bill Clinton's secretary of the Treasury.
The Bloods and the Crits
December 09, 1996
During the past decade, an academic movement called critical race theory has gained increasing currency in the legal academy. Rejecting the achievements of the civil rights movement of the 1960s as epiphenomenal, critical race scholars argue that the dismantling of the apparatus of formal segregation failed to purge American society of its endemic racism, or to improve the social status of African Americans in discernible or lasting ways. The claim that these scholars make is not only political; it is also epistemological.
The Day the Quotas Died
April 26, 1996
Great Supreme Court decisions, for all their theatricality, are notoriously weak engines of social change. The commands of Brown v. Board of Education weren't implemented until decades later; Roe v. Wade confirmed a trend toward the liberalization of abortion laws that had been percolating in the states. But, a year after it was handed down, Adarand v. Pena is proving to be a startling exception. Like a boulder thrown into a placid pond, Adarand has been sending ripples through the lower courts in ways that are already transforming affirmative action as we know it.
April 22, 1996
Marjorie Garber, Kenan Professor of English at Harvard, was lost in arcana. Squinting analytically, and fiercely puzzled, she began to split hairs. “May I add a transgressive note?” she asked the lecturer. “As somebody who has appeared on them, there does seem to me a difference between talk shows such as ‘Donahue’ and ‘Oprah’ and, say, shows like ‘Jenny Jones.’ It may only be the difference between modes of Protestant confession and Catholic confession, of course....” The two-day conference on “Dirt,” organized by Garber’s two Harvard departments, English Literature and the Center for Literar
The Southern Coup
June 19, 1995
When the new Republican Congress was sworn in last January, the South finally conquered Washington. The defeated Democratic leadership had been almost exclusively from the Northeast, the Midwest and the Pacific Northwest, with Speaker Tom Foley of Washington, Majority Leader Dick Gephardt of Missouri and Majority Whip David Bonior of Michigan in the House, and, on the Senate side, Majority Leader George Mitchell from Maine. The only Southerner in the Democratic congressional leadership was Senate Majority Whip Wendell Ford of Kentucky.