Articles

Professor Michael Rappaport of the University of San Diego School of Law has released a new article titled, “Originalism and the Colorblind Constitution.”  The article’s strength lies in its rebuttal of arguments that the Fourteenth Amendment was never intended to ban race-based affirmative action policies.  Some scholars & ...

Reason has published my column responding to the hubbub surrounding Sen. Rand Paul’s remarks (and Cass Sunstein’s) about “judicial activism” and “judicial restraint.” Here’s a taste: Senator Rand Paul’s recent remarks about “judicial restraint” have shaken up both left and right, but any ...