The Voting Rights Act has allowed purely partisan disputes to be transacted in the inflammatory language of race.
- Arbitration has obviously been in the news lately with the Court recently upholding in America Express v. Italian Colors that arbitration clause class action waivers are enforceable despite the high costs of bringing an individual claim in many instances. In our Books section this week, Jim Chen’s essay “Arbitration as an Article of Constitutional Faith” reviews Peter Rutledge’s Arbitration and the Constitution. Chen focuses on the tension between the procedural rights of the Constitution and arbitration itself.
- David Henderson at Econ Lib provides an interesting review of prison sentencing reform in unlikely places.
- Roundup of Windsor analysis: Randy Barnett, Sandy Levinson, Michael Greve, Gerard Bradley, Rick Hills.
- Ilya Shapiro on the Shelby County decision.
- A friend sends me this thought: Between Jerry Brown not defending his own state constitution (Proposition 8) in court, Obama not defending DOMA, enacting the Dream Act absent Congress, plus ignoring all kinds of other laws, are we witnessing the return of the Dispensing power?
- Living on Planet Government.