Balkin wants judges, guided by scholars like him, to feel free to interpret the Constitution on the basis of their views of “political tradition."
Breyer makes unsupported claims about originalism and defends a brand of legal interpretation that would obfuscate the law.
New critiques of mainstream economics are often half-baked and hyperbolic, but they may still be potent politically.
What would a small town look like if it were run like a faculty meeting?
Canadians have their own kind of conservatism, but it has struggled to gain a foothold in national politics.
Though he is occasionally prone to overconfidence, Joseph Epstein does understand the value of the novel.
In spite of its best attempts, Mere Natural Law does not yet provide a framework for a conversation between originalism and natural law.
As a professor and as a justice, Felix Frankfurter combined judicial restraint with lifelong activism in the political process.
Hayek's deep curiosity about the world was matched by considerable courage and intellectual integrity.
Charles Zug argues that demagogues are defined not by their moral character, but by political successes or failures.
For twenty-four years, Jefferson, Madison, and Monroe strove to hold their party together and keep it true to its principles.
If the Court is not to function as a “bevy of Platonic Guardians,” its self-proclaimed power of judicial supremacy must be rejected.
Decades after Brown, the principles underlying desegregation remain a matter of substantial debate.
The left’s hegemony in the legal academy is so total that opponents of originalism no longer feel it necessary to make an original (or convincing) case.