The New Law We Need in Order to Deal With Dzhokhar TsarnaevCongress should authorize the isolation and detention of suspected terrorists.
The Mother of DNA DatabasesIf we really cared about protecting the innocent, we’d collect samples from everyone—not just the convicted.
President Obama Can Do Anything He Wants To Fight TerrorismThat’s the lesson of the leaked drone memo.
How Aaron Swartz's Cause Wins in the EndThe protests against his prosecution will promote open access.
The President Has the Power To Raise the Debt Ceiling on His OwnAnd if Congress won’t act, he should use it.
Why Didn’t Robert Bork Reach the Supreme Court?Because of politics, of course—and that’s fair enough.
Is Israel or Hamas Breaking International Law in Gaza?There’s no clear answer and it doesn’t much matter for the underlying conflict.
Don’t Worry About the Voting Rights ActIf the Supreme Court strikes down part of it, black and Hispanic voters will be just fine.
The Virtues of Government SecrecyThe false choice between “secrecy” and “transparency” in the Manning and Snowden debate.
The Good Way to Buy VotesDid New Yorkers really want bike sharing? The city should have tried Quadratic Vote Buying to figure that out.
The United States Can’t Be the World’s CourthouseWhy the Supreme Court just killed off a whole category of human rights suits.
Indefinite ArticlesDear judges: Stop trying to figure out what the founders meant by every little word. You can’t, and it doesn’t matter.
Ronald Dworkin’s ErrorThe distinguished legal scholar, who died last week, gave judges too much license to draw on their own sense of morality.
There’s No Such Thing as an Illegal ImmigrantThe United States has a well-functioning system of guest workers, whether or not it’s enshrined in law.
Why the U.S. Shouldn’t Sign On to Empty Human Rights TreatiesThey’re a propaganda exercise for many of the world’s most unsavory nations.
The War on Terror Will Be Ever With UsEven if the Obama administration doesn’t use the phrase, and wants to declare the fight with al-Qaida over.
Why Did Asian Americans Mostly Vote for President Obama?Democrats court them, Republicans may alienate them.
In Defense of the Electoral CollegeFive reasons to keep our despised method of choosing the president.