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.
In Defense of Looseness
August 27, 2008
Richard Posner on why District of Columbia v. Heller, which invalidated the District's ban on the private ownership of pistols, is an appalling mistak
The End of Deference
November 06, 2000
The Warren Court and American Politics by Lucas A. Powe, Jr. (Harvard University Press, 600 pp., $35) The presidential campaign this year, the discussions of the Supreme Court have followed a familiar script. The Republican candidate has promised to appoint "strict constructionist" judges who will interpret the law rather than legislate from the bench.
Warren Court Children
May 19, 1986
MANY OF MY friends, if they are still in legal practice, now hate it. “The world’s most overrated job,” one of them says. Lined up at motion calls: a lost generation, the Warren Court baby boom, the flood of us who went to law school in the late 1960s and early 1970s. We took Tocqueville seriously, and thought lawyers were America’s governing class. And the Warren Court was a Court of gods—Black, Douglas, Warren—hurling thunderbolts to start our cultural revolutions. Back then, the law seemed like a romance.