The Imperial Presidency Will Not End With Trump
“Donald Trump didn’t invent the Imperial presidency—he inherited it,” says Gene Healy, a vice president at the Cato Institute and the author of The Cult of the Presidency: America’s Dangerous …
Reason
Professor Justin Simard Writes In on The Importance of Citing Slavery
Professor Justin Simard of Michigan State University has graciously provided this response to our previous post about slavery and the Bluebook: The Importance of Citing Slavery Why the addition of …
TikTok Will Outlast Trump
Feds still fighting for TikTok ban but will delay enforcement. TikTok isn’t quite safe yet, but President Donald Trump’s absurd and authoritarian attempt to effectively ban the app by forbidding …
California Voters Rebuked Their Governor, Legislators at the Ballot Box
If my social-media and news feeds were an accurate indication, many Californians had focused inordinate attention on the granular election tallies in such far-off places such as Montgomery County, Pennsylvania, and …
ACA: The Lay of the Land
The oral argument transcript in California v. Texas (the ACA case) makes for interesting reading. Here’s my sense of where things stand—not a prediction of how the Justices will vote, but …
The Revolution in Freedoms of Press and Speech
The title of legal historian Wendell Bird’s book The Revolution in Freedoms of Press and Speech refers to a dramatic change in the dominant understanding of press freedom in Britain and the …
Brickbat: Aloha! Here’s Your Fine.
Lawmakers in Hawaii are looking at instituting a statewide mask mandate. As part of that effort, some officials want to give police the power to issue fines on the spot …
Video and Transcript of Justice Alito’s Keynote Address to the Federalist Society
Today is the second Thursday in November. It feels strange that I am not in Washington, D.C. Every year, for the last fourteen years, I have attended the Federalist Society …
Harvard Journal of Law & Public Policy will publish my new article on the Pandemic and the Constitution
I am happy to announce that the Harvard Journal of Law & Public Policy will publish my new article, What Rights are “Essential”? The 1st, 2nd, and 14th Amendments in …
Should Remote Workers Pay a Tax for the ‘Privilege’ of Using Their Home as an Office?
The coronavirus pandemic has devastated the service sector, made millions unemployed, and forced many of us who still do have jobs to work remotely. Fortunately, we now have a perfect …