November 16, 2011

Pre-Occupied with the First Amendment

Does the forced removal of the occupiers implicate First Amendment rights? The answer to that question requires analyzing the interplay between content and conduct.

September 12, 2011

Extradite the Lockerbie Bomber

The United States has only a limited ability to influence whether calm or chaos follows the ascension of the new regime in Libya. But there is one thing we can and should try to influence.

August 6, 2011

Civil Gideon: An Idea Whose Time Should Not Come

The U.S. Supreme Court recently revisited the heavily disputed territory of "Civil Gideon" -- the doctrine delineating when, if ever, indigent civil litigants are legally entitled to counsel appointed and paid for by the state.

May 7, 2011

Who Botched John Galt?

After viewing the disastrously disappointing movie version of Atlas Shrugged, her magnum opus, Rand's fans, friends, and even casual acquaintances have a right to know how the guardian of this legacy could have allowed this to happen

March 6, 2011

The Strength of Nations

Power comes in many different forms.

November 7, 2010

A Difficult Season for Freedom of Speech

A court and counsel in their own virtual world, where castles, dragons, and elves are real but the First Amendment is not.

June 20, 2010

Now He Tells Us!

Justice John Marshall Harlan famously asserted that "the Constitution is color-blind." At Harvard, retired Justice Souter said, in effect, that the Constitution is logic-blind.

February 7, 2010

Lawfare

"Universal jurisdiction" as war by other means.