constitutional interpretation

The American Republic Stands By For A 3-6 Shellacking

The American Republic, not content with having one election decided by nine unelected officials (Bush v. Gore, circa 2000), is gearing up yet again to have its Grand Prize, its esteemed (and very expensive) presidential election, decided by another unelected jurisprudential posse – the Supremes, all the better now for having replaced one punchy acronymContinue reading “The American Republic Stands By For A 3-6 Shellacking”

Neal Katyal And George Conway’s Incomplete Legal Advice

In an Op-Ed for the New York Times, Neal Katyal, the “acting solicitor general under President Barack Obama and…a lawyer at Hogan Lovells,” and George Conway III, “a litigator at Wachtell, Lipton, Rosen & Katz,” argue that Donald Trump’s appointment of Matthew Whitaker as the the Acting Attorney General is unconstitutional. Roughly, according to the AppointmentsContinue reading “Neal Katyal And George Conway’s Incomplete Legal Advice”

Mass Incarceration And The ‘Overfederalization’ Of Crime

America’s mass incarceration is the bastard child of many. Among them: racism, the War on Drugs (itself a racist business), the evisceration of the Constitution through ideological interpretive strategies, prosecutorial misconduct, police brutality, and so on. Yet other culprits may be found elsewhere, in other precincts of the legal and political infrastructure of the nation.Continue reading “Mass Incarceration And The ‘Overfederalization’ Of Crime”

Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation

I taught Antonin Scalia‘s writings–as found in his court opinions–on three occasions in my philosophy of law class. His theory of constitutional interpretation–originalism–was incoherent. His aggressive rhetoric, directed at those who would dare petition the highest court of the land for redress, was tasteless. He was a bully, and a blowhard. Like Christopher Hitchens, he willContinue reading “Antonin Scalia And His Incoherent, Hierarchy-Loving, Theory Of Constitutional Interpretation”

Mass Incarceration And Teaching Philosophy Of Law

This coming spring semester, as in the just-concluded fall semester, I will be teaching Philosophy of Law. As I get down to thinking about my syllabus, one imperative seems overriding: I must ‘do more’ on mass incarceration (and related topics like the theory of punishment and the death penalty.) No topic seems more important, pressing,Continue reading “Mass Incarceration And Teaching Philosophy Of Law”