Concurringopinions.com

Or: “Can an International Treaty Make Barack Obama President For Life?” First, a programming note.  As often is the case, much of my writing energy has been consumed as of late in court documents that have not yet been released on the internet (indeed...

I’m late to the 50th birthday party for New York Times v. Sullivan— deliberately so. It’s no fun to be the sourpuss.  Sullivan has been celebrated by top legal and media figures from the moment it was decided until its...

(Photo by Jack Newton) Wednesday, the United States Sixth Circuit Court of Appeals overturned Michigan’s 85 year ban on panhandling, ruling it an unconstitutional infringement on free speech. The three-judge panel unanimously upheld a lower court...

The U.S. Supreme Court refused on Wednesday to reinstate North Carolina’s voter identification requirement and keep just 10 days of early in-person voting. The court rejected a request by Gov. Pat McCrory and other state officials to delay a lower court...

As must appear self-evident to both historians and astute observers by now, the United States, in its history, has had a rather facile and at times acrimonious relationship to the idea of domestic democracy (If this is not self-evident, see Noam Chomsky...