Can Traditional Legal Customs Coexist With Western-Style State Law?
Geoffrey Swenson’s book Contending Orders tackles Afghanistan and Timor-Leste.
Law & Government
My UnPopulist Article on Supreme Court Politicization and Dangers of Schemes to Undermine Judicial Review
While there is some genuine politicization, it is not as great as often claimed. Proposals to undermine judicial review could easily end up empowering the very sort of authoritarian president progressives fear.
Public Employee Unions Rule California
Expect more strikes, fewer government services, and more tax increases to pay for pension obligations.
The Biden Administration's Antitrust Changes Would Be Great for Bureaucrats—and Bad for Consumers
The guidelines would ignore decades of academic findings about how firm concentration can have a positive impact on consumers' welfare.
A New Bill Would Extend California's YIMBY Revolution to Heavily Regulated Coastal Areas
S.B. 423 would prevent the state's powerful Coastal Commission from shooting down affordable housing projects that comply with local zoning laws.
Fani Willis Is Abusing Georgia's Terrible RICO Law
Trump and his acolytes' conduct was indefensible, but the state's RICO law is overly broad and makes it too easy for prosecutors to bring charges.
The Government Has Made College an Overpriced Scam
Thankfully, you don't need fancy dining halls or a college degree to have a good life or get a good job.
The Georgia Case Against Trump
Trump's Georgia indictment has much in common with the most recent federal case against him. But also breaks some new ground.
Jack Goldsmith Responds to Critics on the Dangers of Prosecuting (or not Prosecuting) Trump for Trying to Overturn the 2020 Election
I was one of the critics he responded to, and in this post I offer a rejoinder.
Baltimore Orioles Owners Demand Even More Unnecessary Taxpayer Money
Apparently $600 million to improve a very nice stadium isn’t enough.
Hunter Biden and Donald Trump Should Both Have Jury Trials
End the government’s plea-bargaining racket with open and adversarial jury trials.
Idaho Keeps Scheduling This Inmate's Execution Even Though It Lacks the Means To Kill Him
A federal judge ruled in favor of an Idaho death-row inmate who says that the state is "psychologically torturing" him.
A Louisiana Man Was Jailed for Criticizing Police. A Federal Court Wasn't Having It.
The decision supports the notion that victims are entitled to recourse when the state retaliates against people for their words. But that recourse is still not guaranteed.
The U.S. Credit Rating Just Dropped. It's Time for Radical Budget Reform.
The lack of oversight and the general absence of a long-term vision is creating inefficiency, waste, and red ink as far as the eye can see.
The Dangers of Giving Trump Impunity are Far Worse than those of Prosecuting Him
Giving presidents impunity for using force and fraud to try to nullify election results is far worse than any potential risk of prosecuting Trump.
Indiana Law Lets Cops Push Bystanders Back 25 Feet. A New Lawsuit Says It's Unconstitutional.
The law makes it harder to record and observe police activity.
A Ham-Handed Bill Attacks the First Amendment in the Name of Protecting Minors From Online Harm
The Kids Online Safety Act imposes an amorphous "duty of care" that would compromise anonymous speech and restrict access to constitutionally protected content.
Of Babysitters and Major Questions
Survey data casts doubt on the textualist rationale for the major questions doctrine that I and others have advanced. But perhaps not as much doubt as it might seem.
Have We Lost Track of the Trump Indictments Yet?
Plus: Why don't journalists support free speech anymore?
Clearing up Common Misconceptions About the Charges Against Trump
Recent articles by Lawfare and Walter Olson perform a valuable service on this front.
Ending Poverty Requires Serious Policy, Not Political Platitudes
Another exercise in nonsense by state lawmakers in California.
Is the Budget Process Broken, or Is Congress Just Refusing To Do Its Job?
Since Congress designed and implemented the last budget process in 1974, only on four occasions have all of the appropriations bills for discretionary spending been passed on time.
Bernie Sanders Introduces a Bill To Raise Minimum Wage to $17 by 2028
The proposal would raise the federal minimum wage by 134 percent.
Law Profs Tout Qualified Immunity for Unconstitutional Gun Restrictions
Promoting impunity for violating rights as a policy tool? What could go wrong?
Retribution, Deterrence, and the Case for Prosecuting Trump for Conspiring to Overturn the 2020 Election
His attempt to stay in power despite losing an election is well worthy of prosecution and punishment, on grounds of retribution and deterrence.
FBI Made 'Inappropriate Use' of Foreign Surveillance Program To Spy on Americans
A White House panel says the FBI's internal control over Section 702 databases are "insufficient to ensure compliance and earn the public's trust."
Do You Have a Paper About Article III Standing?
If so, please submit it to the Constitutional Law Institute's fall conference!
Minnesota Caretaker Gets Lifetime Ban for Crime She Didn't Commit
Even if background check applicants are guilty of wrongdoing, imposing lifetime bans on gainful employment is not a good policy.
When Our Weapons Go Missing
Washington is doing a poor job of monitoring whether the weapons it sends to Ukraine are ending up in the right hands.
An Infuriating New Online Game Asks: Would You Be Able To Immigrate to the U.S.?
Players can experience for themselves how difficult, expensive, and exhausting it is to come to the country legally.
Congress Can Regulate the Supreme Court—But There Are Limits to That Power
Justice Alito was wrong to suggest Congress has no authority to regulate the Court. But that authority is itself subject to constraint.
Democrats Propose Eliminating Student Loan Interest
The plan's supporters say it won't push costs onto taxpayers.
Congressman Talks Smack About Bitcoin Creator 'Saratoshi Nagamoto'
If you're getting Satoshi's name wrong, you might not know what you're talking about.
D.C.'s Premier Elder Care Community
Where your final years are active, dignified, and pretty much permanent.
A SWAT Team Destroyed an Innocent Man's Shop. Then the City Left Him With the Bill.
Carlos Pena's livelihood has been crippled. It remains to be seen if he'll have any right to compensation.
Industrial Policy Isn't About Creating Jobs
It's a short-sighted approach that distracts us from the more important question.
Elizabeth Warren and Lindsey Graham Will Break the Internet
The senators say they're creating an "independent, bipartisan regulator charged with licensing and policing the nation's biggest tech companies." What could go wrong?
'We're Going To Uncover the Cover Up': House Probes Government Handling of UFOs
Plus: Moralism is ruining cultural criticism, Biden administration mandates bigger plane bathrooms, and more...
He Spent 10 Years Behind Bars Without Being Convicted. He'll Have To Wait Longer To Have the Case Resolved.
Maurice Jimmerson finally got a trial after a decade of pretrial detention. It ended in a hung jury.
Anarchy in Central Park
New York politicians got out of the way for once, and something beautiful happened.
Why Israelis Are Taking to the Streets
The furious response to a seemingly modest reform reflects a broader dispute about the role of courts in a democracy.
Officials Want To Ban Weight Discrimination in the Workplace
Plus: Elite colleges favor the rich, D.C. restaurants pass on new wage costs to customers, and more...
Government Wants To Control Your Digital Identity
As states continue to implement digital ID systems, it is essential that they build tools in ways that inherently protect civil liberties rather than asking citizens to just trust government officials.
Get Your Culture War Out of Our Pension Funds
Plus: Should libertarians consider employing noble lies when pitching themselves to new potential voters?
