In "Supreme Imbalance: Why Originalism and Conservative Activism Are Wrong," I think Jeffrey Stone has it about right in his Huffpo article on the jurisprudential doctrine that goes under the name of "originalism." With this mindset, the notion that any particular moment's conception of rights should be taken as exhaustive…
I spent some time over at Focus on the Family, a site that teaches God's own version of morality, to see what they had to say about drug use. As it turned out, the advice depended on whether the drug was illegal, as though God defers to the U.S. Congress…
What it was like to practice law 25 years ago without the use of any computers It’s amazing to think that I’ve been a lawyer since 1981, which is more than 25 years ago. The years are certainly going by quickly, which is a bit disconcerting. I currently work with…
Here's a heartwarming story about some of the insanity that followed in the wake of 9/11. We see this kind of thing all the time, in the news, on tv shows, in movies. A mistake compounded into tragedy by the utter fear and panic induced under extreme conditions. One could…
Michael Mukasey doesn't get it, as explained by Glenn Greenwald: And when he was asked yesterday explicitly whether he would advise the President that he has the power to "seize U.S. citizens on U.S. soil and detain them indefinitely without charge?," all he would say in response was: "I certainly…