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  1. Jurisprudence

Conciliating Hatred

These days, if you announce that the Supreme Court is doing politics rather than law you will provoke more yawns than protests. But what sort of politics is the Court doing? Justice Antonin Scalia frequently charges the Court with stepping out of its judicial role and taking sides in the culture . . . . Continue Reading »

Rights and Wrongs About Rights

Rights Talk: The Impoverishment of Political Discourseby Mary Ann GlendonFree Press, 288 pages, $22.95 One of the dubious achievements of American legal philosophers and academicians concerned with “rights” is to have emptied jurisprudence of the element of prudence. Constitutional . . . . Continue Reading »

Polygamy, Peyote, and the Public Peace

No one should be surprised that decisions of great constitutional moment are sometimes occasioned by cases that seem trivial or exotic. Those who are threatened by the majority sentiment of the moment appeal to the Constitution, although not always successfully. There was, for instance, the 1879 . . . . Continue Reading »

Intra-Tribal Warfare

Abortion: The Clash of Absolutes by laurence h. tribe norton, 259 pages, $19.95  Abortion: The Clash of Absolutes is an expert brief on behalf of strict adherence to the terms of the abortion liberty granted in Roe v. Wade, no matter how much leeway the Supreme Court may give to legislatures in . . . . Continue Reading »

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