Daily Archive: April 16, 2013

The judge as moral philosopher

Reviewing Supreme Court Justice Antonin Scalia and Bryan A. Garner’s Reading Law: The Interpretation of Legal Texts in the Claremont Review of Books, David Forte exposes Justice Scalia’s famous legal positivism as moral philosophy by another name.  “They call false,” Forte writes of Scalia and Garner, “the ‘notion that the quest in statutory interpretation is to do justice,’” and they, like Alexander Hamilton, prefer judges to be “‘bound down by strict rules and precedents.”  But judging, Forte pushes back, is […]

On the need for political finance reform…

I wanted to highlight a TED-Talk given recently by Lawrence Lessig, which Mad Rocket Scientist forwarded to me this afternoon. Many of you probably know Lessig from his work with technology use and copyright...

“Look For the Helpers”

“Fred Rogers often told this story about when he was a boy and would see scary things on the news: “My mother would say to me, ‘Look for the helpers. You will always find...

The Second SCOTUS Standing Scandal

The courts conduct the nation’s business. The public’s business.  The courts stand apart from the rest of the government so that they can pass judgment over the government when need be. And the public...