Current Issue

Retaliatory Forum Closure

The recent Occupy Wall Street and Tea Party movements highlight the importance of preventing unconstitutional government interference with disfavored speakers. Perversely, officials seeking to prevent such protests while evading viewpoint-…
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The Politics of Incivility

The Flemish painter, Pieter Bruegel, portrayed in his artwork men relieving themselves, cripples begging, and peasants toiling—as well as butchery and the gallows. In his masterful work, The Civilizing Process,…
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Barbara Ann Atwood: A Tribute

On the occasion of Justice Harry Blackmun’s retirement, Justice Souter made the following remark: “I dissent!” On the occasion of Mary Anne Richey Professor Barbara Ann Atwood’s retirement, I likewise…
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Marital Contracts and the Meaning of Marriage

Contracts between spouses that alter the basic default rules of marital property and support are subject to widely varying legal standards across the United States. As with premarital contracts, the…
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