Why Do Judges and Politicians Flip-Flop?
To investigate, Cass Sunstein and I conducted a series of surveys.
Yes, Obama Can Stop Millions of DeportationsThat shift in immigration policy is well within the limits of presidential power.
China Can Sink All the Boats in the South China SeaInternational law won’t stop big countries from bullying littler ones.
The U.S. Constitution Is Impossible to AmendBlame the founders—other countries routinely update their constitutions, but ours may as well be written in stone.
In Defense of GMNo one is asking the right question: Was the company’s risk assessment about the faulty ignition switch reasonable?
Let Crimea GoNext week’s referendum on joining Russia is underhanded, dishonest, absurd—and completely legitimate.
Forget the FramersThe Supreme Court should not rely on James Madison in deciding how much power the president has to make recess appointments.
Prosecuting Dictators Is FutileRevolutionaries should recognize that some people really are above the law.
Obama Can Bomb Pretty Much Anything He Wants ToThe real constraint on a president’s war-making powers is political, not legal.
Treaty-ishObama’s proposed climate change agreement would be good for the planet and perfectly legal.
We All Have the Right to Be ForgottenEurope is ahead of the United States in repairing the damage to privacy the Internet—and especially Google—has wrought.
The Puzzle of Paying AmyCongress has to fix the problem with restitution for child pornography victims that stumped the Supreme Court.
Why Are China and Japan Inching Toward War Over Five Tiny Islands?Japan has the law on its side, but China doesn’t care.
The Paranoid Libertarian and His Enemy, the Angry LiberalTwo characters the government can’t afford to ignore, however irrational they are.