Stop Fussing Over Personhood
Laws treat corporations (and chimpanzees) as persons because it’s a useful—and often essential—legal fiction.
Is the Constitution Written Like the Da Vinci Code?That’s the ridiculous argument libertarians are making in the chemical weapons case before the Supreme Court.
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.
Centrists Should Mourn the Demise of the FilibusterOnly the extremists win—and in the end, mostly the Republicans.
Keep Spying on Foreigners, NSAThey have no right to privacy from U.S. surveillance—and they shouldn’t.
Never AgainIt's time to amend the Constitution to give the president the power to raise the debt ceiling.
Assad and the Death of the International Criminal CourtThe failure to prosecute him will be the end for the ICC’s brand of global justice.
Obama Is Only Making His War Powers MightierThe credit the president is getting for asking Congress to authorize bombing Syria? He deserves none of it.
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.