Presidential Power Stories by Christopher H. Schroeder and Curtis A. Bradley, eds. West Publishers, 2009, 499 pp., $33.00 “The Commander in Chief at the Lowest Ebb—A Constitutional History” (2 parts) by David J. Barron and Martin S. Lederman Harvard Law …
War Against Virtual States
I am, of course, very grateful to Henry Shue and Richard Weisberg for their thoughtful comments. I will address them in order. I am not convinced there is much difference between Shue and me. I was touched by the eloquence …
I begin with two quotations from members of the Supreme Court itself. The first was written by Felix Frankfurter some seventy years ago: “[M]embers of the court are frequently admonished by their associates not to read their economic and social …
Among the most controversial opinions in this past year’s term of the United States Supreme Court was U.S. Term Limits v. Thornton, where five justices, over the bitter dissent of their four colleagues, struck down Arkansas’s attempt to impose term …
The Conference on Critical Legal Studies (CLS) came into being in Madison, Wisconsin in 1977, during a meeting of legal scholars and practitioners dissatisfied with “mainstream” law. Since then “crits” have become one of the most important—and controversial—groups within the …
Much of the contemporary debate about constitutional interpretation is carried on in the language of accountability. Constitutional interpretation is, after all, an “accounting” for a particular result that one views as required by the Constitution. And the overarching debate among …
Max Freedman, the editor of this volume, tells of a visit to Felix Frankfurter on February 20, 1965, just two days before the latter’s death: “Tell the whole story. Let people see how much I loved Roosevelt, how much I loved …
