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”

A Constitution Should Help A Country Govern, Not Hobble It

My short essay ‘A Constitution Should Help A Country Govern, Not Hobble It‘ is up at Aeon Magazine. Comments welcome. (Many thanks to Sam Haselby, my editor at Aeon, for all his help.)

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”

Colin Kaepernick Will Not ‘Behave’ And That’s A Damn Good Thing

Colin Kaepernick, quarterback for the San Francisco 49ers will not stand during the playing of the national anthem at NFL games. As he put it, after refusing to stand during the 49ers against the Packers this past weekend: I am not going to stand up to show pride in a flag for a country thatContinue reading “Colin Kaepernick Will Not ‘Behave’ And That’s A Damn Good Thing”

The ‘But The Supreme Court’ Argument For Hillary Clinton

One ‘hold-your-nose-and-vote-for-the-lesser-evil’ argument currently making the rounds for the Hillary Clinton candidacy–ostensibly intended to address the ‘schism’ in the Democratic Party, among the ‘Left’ and ‘progressives’–goes something like this. Vote for Hillary Clinton, even if you disagree with many of her policies, do not consider her entirely trustworthy, and would much rather vote for BernieContinue reading “The ‘But The Supreme Court’ Argument For Hillary Clinton”

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”

Step This Way For The Deunionized American Workplace

American unions look headed for another legal beating in the US Supreme Court. Pretty soon, we’ll be able to drop all pretense and just advocate beatings until the morale–of American workers–improves. The Supreme Court is about to hand their overseers a slightly thicker, more knotted, whip. Ten Californian teachers have sued their union–on First AmendmentContinue reading “Step This Way For The Deunionized American Workplace”

Gideon’s Army: Fighting A Just War

The first time I saw Gideon’s Army, Dawn Porter‘s documentary about three public defenders fighting a lonely battle in the American South, I watched impassively, even as anger and sadness swirled within me. The second time I did so–yesterday, in a classroom with the students in my Philosophy of Law class–I blinked back tears. (MoreContinue reading “Gideon’s Army: Fighting A Just War”

Political Schooling Via The Usenet Newsgroup

As my post yesterday should have indicated, we are educated by a variety of modalities. A powerfully formative one for me was my exposure to Usenet newsgroups. I discovered newsgroups in 1988, shortly after I began work as a research assistant with the Computerized Conferencing and Communications Center at the New Jersey Institute of Technology.Continue reading “Political Schooling Via The Usenet Newsgroup”