The article makes the case for disqualification on moral and pragmatic grounds, as well as legal ones.
We're often told European countries are better off thanks to big-government policies. So why is the U.S. beating France in many important ways?
The famed Harvard law professor tries to outline a set of principles liberals - broadly defined - can agree on. And it's a strong effort, even though I have a few caveats and reservations.
A plan to have the state take control of Maine's two private electric utility firms has divided the political left.
An extensive new study finds that the answer is "no." Belief in conspiracy theories is about equally common on different sides of the political spectrum.
This speech, which I gave at a Federalist Society conference, is now available in a written version on SSRN. It will be published by the Harvard Journal of Law and Public Policy.
The justices agreed to consider whether the Biden administration's efforts to suppress online "misinformation" were unconstitutional.
Economist Tyler Cowen elaborates on some of the reasons why. The root of the problem is that voters have poor incentives to become well-informed and evaluate information objectively.
Journalism's in-house critics take a bold stance against attempting journalism, because of Trump.
Who cares if Americans can't answer basic civics questions?
My New Lawfare Article on Trump and the Use of Section 3 Disqualification as a Tool to Protect Democracy Against Itself
Section 3 disqualification is justifiable as a democracy-limiting tool to protect democracy. But there are slippery-slope issues that deserve serious consideration.
Plus: What media gets wrong about "book bans," Yellow Corporation to default on $700 million pandemic aid loan, and more...
A 2007 Debate Provoked by Richard Posner Illuminates the Current Clash Over Judicial Power in Israel
The appeals court judge argued that the Israeli Supreme Court had usurped the role of legislators.
"During the visit, Biden could have refrained from deep public embraces of Modi or from emphasizing India's democracy. He chose to do neither," says Michael Kugelman.
Liberal political commentator Matt Yglesias explains why these problems are far from being confined to the right side of the political spectrum.
The authors raise some reasonable issues. But they misunderstand both the libertarians they critique and the problem of political ignorance itself.
I have more reason than most to cheer his departure from Fox News. But it's unlikely to significantly diminish the problem of political misinformation, which is driven by demand more than supply.
What is the relationship between liberty and democracy?
Opponents of the proposed reforms are right that unlimited majority rule is a recipe for tyranny.
Opponents of the reforms favored by Prime Minister Benjamin Netanyahu's coalition should acknowledge the threat posed by unconstrained majority rule.
The higher taxes on small businesses and entrepreneurs could slow growth. Less opportunity means more tribalism and division.
Why I oppose both right-wing efforts to neuter judicial review in Israel and left-wing attempts to do the same in the US.
New Israeli Government's Judicial Reforms are not Anti-Democratic—But they May Create a Tyranny of the Majority
By destroying judicial review, they would empower the narrow right-wing majority to violate the rights of minorities.
Russian Propaganda Has Succeeded in Persuading Credulous Americans That It Poses a Grave Threat to Democracy
Alarmists are unfazed by the lack of evidence that "foreign influence campaigns" have affected public opinion or voting behavior.
Report author: “The COVID-19 pandemic was a catastrophe for human freedom.”
This week's Republican revolt against Kevin McCarthy is actually a rank-and-file revolt against the top-down process that both parties have used to control the House in recent years.
Report: “Half of democratic governments around the world are in decline.”
What's happening right now in Cochise County, Arizona, should make the passage of the Electoral Count Reform Act even more urgent.
Alcohol-related ballot measures were in play in several states last week. The results were lukewarm.
She was the beneficiary of a political system that limits opportunities for new ideas and new faces to rise.
The biggest beneficiaries of economic growth are poor people. But the deepest case for economic growth is a moral one.
Participants include Daniel Farber, Keith Whittington, Cristina Rodriguez, Lisa Heinzerling, and myself, among others.
Plus: Peter Suderman may or may not attempt a rendition of a famous rap from the movie Bulworth.
Vladimir Putin's annexation plan is indefensible on both legal and moral grounds. Some of the reasons why have broader implications for normative theories of secession and self-determination.
A comment by Estonian Prime Minister Kaja Kallas highlights a longstanding pernicious fallacy.