Lee Epstein, William M. Landes, and Richard Posner have written a book that is monumental in its scope and yet falls frustratingly short in achieving its aspirations. Actually, it is best […]
As society evolves, should state courts likewise evolve? Should courts replace or, at a minimum, augment their traditional roles in the adversarial system that defines our nation’s judicial process? Should […]
Second Circuit Judge Robert A. Katzmann brings his unique professional career, including his distinguished experience and expertise in legislature, in academia, and as a jurist, to his masterful new book, […]
Tara Smith asks: “How should courts interpret the law? By fidelity to the text? To the will of the people? To certain moral ideals?” In Judicial Review in an Objective […]
by Melissa Hart
Autumn 2016 | Volume 100 Number 3In Madison’s Music: On Reading the First Amendment, Burt Neuborne, the Inez Milholland Professor of Civil Liberties and the founding legal director of the Brennan Center for Justice at NYU Law School, […]
One hundred years after he was appointed to the Supreme Court we have the pleasure of an absorbing and insightful analysis of the philosophies and thoughts of Louis Brandeis, a […]
Once upon a time in American public life, there were figures who achieved universal admiration. It was even possible to earn the trust of those with whom one disagreed. Justice […]
by Nathan Sales
Spring 2017 | Volume 101 Number 1In the wake of a catastrophic terrorist attack like 9/11, what balance should the government strike between its weighty national-security responsibilities and its equally solemn duty to preserve Americans’ privacy […]
On February 22, The Washington Post added a sub-banner to its front page. Beneath the words “Washington Post” was the phrase, “Democracy Dies In Darkness.” This generated a predictable degree […]