Legal formalism is a consistent theme in Justice Scalia’s voluminous opinions. Yet one should not automatically associate formalism with either originalism or conservatism. Justice Scalia’s formalist interpretation of the Constitution occasionally aligned him with the more liberal justices on the Court, as in Hamdi v.
Like many others, I have been moved to write about the recent police killings of Eric Garner and Michael Brown. The reaction to these events has been well covered on Amicus and I urge the reader to look to other sources for a more comprehensive conception
Imagine that you are walking on your way to work. As usual, you listen to your iPod as you walk. Unconsciously, you begin to sing along to your favorite song, which just so happens to be Bob Marley’s classic “I Shot the Sheriff.” By the
In what has now become a seemingly cyclical pattern of new revelations regarding the extent of NSA surveillance, a new article posted on the Huffington Post describes ways the NSA is using “its troves of data to discredit and undermine individuals who the agency believes
In 1972 the proposed Equal Rights Amendment, originally drafted in 1923, and sponsored by Martha Griffiths in the house and Birch Bayh in the Senate, passed both houses of Congress. The amendment sought to guarantee Constitutional equality of the sexes in such a way as
The watchers on the walls defending rights and liberties are often lawyers, yet those lawyers must ascend to their posts themselves, their legal training preparing them little for the climb. Law schools must do more.
The watchdogs of liberty must diversify their business. Private products and private services have come to dominate our lives, to induce our dependence and to encircle our worlds. If we sleep or look elsewhere, the circle may become a noose.
“There is but one truly serious philosophical problem, and that is suicide.”
Albert Camus, The Myth of Sisyphus
On Tuesday, Massachusetts voters will be asked to wrestle with that problem and vote up or down on Question 2. I urge them to vote yes.
If Question 2 passes
Today’s national Civil Rights dialogue focuses largely on immigration, reproductive issues, and LGBTQ rights. Certainly, each of these issues critically requires our nation’s attention, but they should not be discussed to the exclusion of “old fashioned” racial discrimination. The African-American Civil Rights Movement is the
To be sure, being stripped naked and visually inspected by strangers is a violation of basic dignity and personal privacy, especially in the absence of any suspicion of risk. Kennedy’s “balance” of privacy and security needs sure seems like more of a complete sacrifice