This review essay assesses Cass Sunstein's new book quot;Radicals in Robes.quot; After summarizing the book, this review essay considers the merits of Sunstein's minimalism, why Sunstein favors it, and the depth of his commitment to it. Then the review considers whether the meaning of words...

Michael Paulsen has written a wonderful, creative article. In his characteristically engaging manner, he argues that we ought to employ a "meta-rule of construction" and consistently construe the Constitution to avoid "constitutional implosion." Where such "saving" constructions are impossible,...

In this short essay, I fight a two front war, besieged by three superb scholars. Professors Robert Delahunty and John Yoo, and Professor Michael Ramsey have authored bracing and challenging responses to Unleashing the Dogs of War. Though I have learned from these essays, their authors might say...

Since Watergate, legal scholars have been prominent participants in a larger debate about the President's constitutional relationship to prosecutions. In the wake of Morrison v. Olson in particular, a number of scholars sought to debunk the received wisdom that prosecution was an executive...

In this short paper, I shall answer the title's question first in the context of criminal law and then in the context of tort law. In that latter section I shall also mention in passing contractual and other forms of civil liability that are strict, although they will not be my principal focus....

In this short essay, I argue that the pursuit of equality beyond equality before the law and a generous safety net is to be resisted. That pursuit tends to produce impoverishment and repression. And it is at odds with the pursuit of excellence, beauty, individuality, and achievement. A state of...

Should countries have constitutions? Should there be American or Canadian style judicial review of constitutional questions? Should constitutions have provisions establishing rights? Or is there a fundamental right to decide democratically the most important issues confronting us, and...

In previous work we have distinguished between rule-governed decision-making and unconstrained practical, moral, and empirical decision-making. A rule is a general, determinate directive that dictates the outcome of all cases that fall within its terms. Rules achieve settlement and facilitate...