Law

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

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

Disadvantages
March 03, 2010

As the debate heats up again, both supporters and opponents of affirmative action are likely to find ammunition in Thomas J. Espenshade’s and Alexandr

States of Detention
March 01, 2010

Justice Kennedy’s penchant for centralizing legal power in the Supreme Court may be seen, not as the precondition for a flourishing regime of habeas c

So Many Origins
February 22, 2010

Two new books help give us a view of the entire Constitution. They do not ignore the “generalities,” but they discuss the unlitigated portions as well

Before Sunrise
November 12, 2009

When President Obama arrives in Tokyo on Friday, he will confront a country that seeks to be an ally of the United States. For Japan has never been an American ally. It was first a rival, then an enemy, and finally, after it lost the war it foolishly started with the U.S., it became a protectorate, not an ally.   The distinction matters. An alliance is an institution negotiated between two sovereign governments in which each agrees to a series of reciprocal obligations that have the force of law.

Worth Reading
November 11, 2009

Is monetary policy still too tight? NYT looks at Bernanke's battles with legislators. Were oil prices a bigger part of the recession than given credit for? $4.2 trillion in maturing debt could prolong the credit crunch. How statistical time machines can compare SCOTUS justices across decades.

Board to Death
November 10, 2009

To the frustration of many a cabinet secretary, the Obama administration is a little behind on its appointments. At this point—with only five weeks to go before the Senate breaks for recess—a little over half of the 514 positions that need filling have been filled. Some jobs are really important: The nominee for the Office of Legal Counsel has been held up for months. Obama’s choice for a USAID director came down just today. U.S. attorney nominations have slowed to a crawl. Other jobs?

Ok, Nidal Malik Hasan Is Not A Terrorist. He's A Banana ... Or A Monkey Wrench. So What!
November 10, 2009

By the way, I don't think I've written that Nidal Malik Hasan is a terrorist. But, believe me, it's not because I pondered the aptness of the word. It's enough for me that, having killed 13 people (and wounded 28 others) because of his religious beliefs--yes, his religious beliefs--and surely also his deranged mind, he is a mass murderer. And, please, none of this crap about "innocent until proven guilty." On the other hand, John Judis is very perturbed about the terrorist nomenclature. Jason Zengerle is less perturbed, and may even be ready to concede the point.

Abortion, Catholics, and the Health Care Bill
November 10, 2009

Alan Wolfe is a TNR contributing editor and director of the Boisi Center for Religion and American Public Life at Boston College. Just before the House of Representatives voted on the Stupak Amendment, designed to stop any public funding of insurance plans that cover abortion, the U. S. Conference on Catholic Bishops (USCCB) weighed in with its endorsement.

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