Category: Law

Origins of Order

Origins of Order

Paul W. Kahn— Project and system views of law are in deep tension, but this is not a tension that needs to be resolved at an abstract level. We live… READ MORE

Police Before “The Police”

Police Before “The Police”

Sal Nicolazzo— In his Lectures on Justice, Police, Revenue, and Arms—the precursor to The Wealth of Nations—Adam Smith defines “the objects of police” as “the cheapness of commodities, public security and… READ MORE

The Death of DOMA

The Death of DOMA

Jack M. Balkin— The two important federal challenges brewing in the courts—the struggle over California’s Proposition 8 and the challenge to the federal Defense of Marriage Act—converged on the Supreme… READ MORE

Two Consequences of Tough-On-Crime

Two Consequences of Tough-On-Crime

Russell Crandall— A hallmark of the tough-on-crime era was the militarization of domestic law enforcement, especially on the anti drug front. Special Weapons and Tactics (SWAT) teams were first formed… READ MORE

Ruth Bader Ginsburg’s Opera

Ruth Bader Ginsburg’s Opera

William N. Eskridge Jr.— Ruth Bader Ginsburg passionately loved her family, her job as a judge, constitutional law, and opera—not always in that order.  I first came to know and… READ MORE

American Religion and the Marriage Debate

American Religion and the Marriage Debate

William N. Eskridge Jr.— From the beginning of the marriage equality debate, the main critics of marriage between persons of the same sex were religious intellectuals and public figures such… READ MORE

Bostock and Originalism

Bostock and Originalism

Mark Tushnet— On June 15, 2020, the Supreme Court decided Bostock v. Clayton County. Dividing 5-4, the Court held that the ban on employment discrimination “because of sex” in Title… READ MORE

A Matter of Dignity

A Matter of Dignity

Donna Hicks— Like so many of us, I am deeply saddened and outraged by the brutal killing of George Floyd by members of the Minneapolis police. The jaw dropping video… READ MORE

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