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Oliver Wendell Holmes

Denying the Dogma of Judicial Deference: A Reply to Carson Holloway (Part I)

Evan Bernick | Posted 04.09.2015 | Politics
Evan Bernick

In this post, I will argue that Holloway's approach to judicial review is informed by an understanding of rights that is alien to that of the Framers and ignores the express language of the Ninth and Fourteenth Amendments. In a subsequent post, I will trace the tragic consequences of that approach.

Sigma Alpha Epsilon v. United States

Francis Levy | Posted 03.11.2015 | Politics
Francis Levy

The first amendment is really the first cause of American life. It's America's raison d'etre. It was the liberal ACLU who defended the Nazis in Skokie. How free speech issues make strange bed fellows!

Pulling Our Punches in Paris and Beyond

John K. Herr | Posted 03.22.2015 | World
John K. Herr

The proper response to the Charlie Hebdo murders is not to jail "blasphemers" of any persuasion, whether they hold a pen or a microphone.

Dare to Be 100: Preventive Orthopedics? Oxymoron

Walter M. Bortz II, M.D. | Posted 02.16.2015 | Healthy Living
Walter M. Bortz II, M.D.

My ferocious insistence is that medicine defaults its primary mission of assuring the human potential by adopting the wrong fundamental strategy, repa...

New Perspectives in Proctology

Francis Levy | Posted 10.26.2014 | Comedy
Francis Levy

What does it mean to be a giant in proctology? A proctological giant? Of course there are people who have made huge contributions to disciplines whic...

Terminal City: A Talk with Linda Fairstein

Mark Rubinstein | Posted 08.17.2014 | Books
Mark Rubinstein

Linda Fairstein needs no introduction. For more than two decades, this former prosecutor was Chief of the Sex Crimes Unit of the Manhattan District Attorney's office.

Managing the Potholes of Life

William B. Bradshaw | Posted 08.07.2014 | Good News
William B. Bradshaw

Last week when my wife and I were in the car, I was zigzagging down the road, having difficulty dodging all the potholes left over from winter, not ye...

Jeopardy for Both: When a Private Converation Is Taped

Joel Cohen | Posted 07.23.2014 | Crime
Joel Cohen

The dust has begun to settle about Donald Sterling and his strange (is there another word?) "girlfriend," V. Stiviano, although one is not sure we know more now than when this episode began. But what lessons can we learn from the spectacle they -- and it is they -- have caused?

Baby Face Nelson

Francis Levy | Posted 05.13.2014 | Comedy
Francis Levy

When will the Supreme Court rule on whether showing pictures of infants constitutes free speech? And when will they rule that "sounds like a plan," "...

The 3 Things Scalia Gets Wrong

The Huffington Post | Ashley Alman | Posted 10.07.2013 | Politics

Supreme Court Justice Antonin Scalia got a lot of attention for his colorful interview with New York magazine on Sunday. While most of his claims were...

Hate Filing Your Tax Return? Good

Joseph J. Thorndike | Posted 06.03.2013 | Business
Joseph J. Thorndike

People everywhere hate taxes. What makes the United States distinctive, I think, is our insistence on collecting so much of our tax revenue in a distinctly unpleasant way. No stealthy value-added taxes for us! We're going to do it the hard way.

Turn Off the TV? Scalia's Baffling Civics Lesson

Todd Brewster | Posted 04.01.2012 | Politics
Todd Brewster

Supreme Court Justice Antonin Scalia offered this advice about our political process: if you do not like the rash of intensely negative campaign commercials on television this year, the ones made possible by the court's 2010 decision in Citizens United, then turn off the television.

Crisis Philanthropy: Partnerships & Co-Investment

Michael Likosky | Posted 09.05.2011 | Impact
Michael Likosky

Tough economic times demand that not only foundations but also individuals and governments embrace this leveraging. I call this new approach to giving Crisis Philanthropy.

Books: David McCullough's Latest Tackles Americans in Paris

Michael Giltz | Posted 07.25.2011 | Books
Michael Giltz

In his new book, David McCullough looks at the many artists, scientists, people of medicine and thinkers who made the voyage back across the Atlantic to find inspiration and knowledge in the City of Lights from roughly 1830 to the end of the century.

If Works of Art are 'Strikingly Similar,' Is That a Problem?

Daniel Grant | Posted 05.25.2011 | Arts
Daniel Grant

One talks of "drawing from life," perhaps of being a "plein-air" artist, but the fact remains that most art looks more like other art than like life, ...

More Fowl Talk for the Holidays

Hugh Rawson | Posted 05.25.2011 | Home
Hugh Rawson

The terms "white meat" and "dark meat" are used so commonly today that most people forget that they started out as euphemisms, popularized by our Victorian ancestors, who shied away from uttering the dreaded word breast.

Promoting Infrastructure Investment on the Cheap

Michael Likosky | Posted 05.25.2011 | Business
Michael Likosky

If members of Congress vote on their policy preferences instead of politics, the National Infrastructure Bank will enjoy broad-based bipartisan support in the New Year.

Only About the Law?

Jim Lichtman | Posted 05.25.2011 | Politics
Jim Lichtman

In Snyder v. Phelps, what of the grieving families? Are they not entitled to the respect, privacy and dignity accorded individuals at a time of great anguish?

The (Mis) Information Age

Dr. Jim Taylor | Posted 05.25.2011 | Media
Dr. Jim Taylor

The problem is that there is no longer any source of objective and trusted information. These days, you can't find "fair and balanced" news anywhere.

Why Sotomayor Couldn't Really Save Baseball

Michael Shapiro | Posted 05.25.2011 | Entertainment
Michael Shapiro

In 1995, Cal Ripkin did not save baseball, and nor, for that matter, did Sonia Sotomayor. They both helped the game, mightily. But salvation remains elusive.

Stimulus: Republicans Screw Car Makers and Buyers

Steve Parker | Posted 05.25.2011 | Business
Steve Parker

The bill passed by Congress yesterday throws a one-two punch at our auto industry and consumers.

What Issues? It's About Personality!

Tom Alderman | Posted 05.25.2011 | Politics
Tom Alderman

Whether we admit it, or not, presidential campaigns are more about personality than policies, temperament over brains, and has been since broadcasting began.