Law and Justice

No Objections

What history tells us about remaking marriage

  • Nancy F. Cott

Harm’s Way

Our penal system, with its black tinge, constitutes a profound racial injustice. But is it a new form of Jim Crow?

  • James Forman, Jr.

Acting Out

The question is not whether federal judges should strike down popularly enacted policies, but when.

  • Pamela S. Karlan

At War In Texas

Federal border policy is now effectively dictated by alarmist border-area sheriffs and politicians.

  • Tom Barry

Originalism Spells the Death of the U.S. Constitution

The median lifespan of a national constitution is roughly the life expectancy of a Great Dane. Why has the U.S. Constitution endured? In part because judges have escaped the stranglehold of originalism.

  • Pamela S. Karlan

Democracy after Citizens United

The framers intended Congress to be “dependent upon the People alone,” but the private funding of public campaigns has bred within Congress a conflicting dependency.

  • Lawrence Lessig
with responses from
  • Will Wilkinson
  • Marvin Ammori
  • David Donnelly
  • David N. Bossie
  • Allison R. Hayward
  • John Bonifaz & Jeffrey Clements
  • Representative Donna F. Edwards
  • Ciara Torres-Spelliscy
  • Nancy L. Rosenblum

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The Case of Carter

When rehabilitation fails

  • Daphna Nachminovitch

What Does That Server Really Serve?

How programs like Google Docs rob users of their freedom.

  • Richard M. Stallman

The Obligation to Prosecute

Why we must prosecute the Bush administration officials who sanctioned torture.

  • Elaine Scarry

Right By Others

On the theory and practice of justice.

  • Vivian Gornick

Dead Dogs

Breed bans, euthanasia, and preemptive justice

  • Colin Dayan

The Big Bank Theory

How government helps financial giants get richer

  • Dean Baker

Biography and the Bench

Albie Sachs’s The Strange Alchemy of Life and Law

  • Ryan Thoreson

The Trial of Ezra Nawi

A peace activist faces judgment in Israel.

  • David Shulman

A Response to David Mikhail’s Sleepwalker

We must focus on the laws that continue to put so many noncitizens— including legal residents —into detention and deportation proceedings.

  • Mark Dow

Sleepwalker

Forgetting Shakir Baloch

  • David Mikhail

Private Arrangements

“Recognizing sharia” in England

  • John R. Bowen

The Mourner’s Hope

Martha Nussbaum’s bat mitzvah talk, on grief and the foundations of justice.

  • Martha C. Nussbaum

Guarded Hope

Lessons from the history of the prison boom.

  • Robert Perkinson

Reentry

Reversing mass imprisonment.

  • Bruce Western

What We Owe to Incarcerated Fathers

More than 1.5 million children currently have a parent in prison; for 94 percent of these children, that parent is the father.

  • Mary Fainsod Katzenstein
  • Mary Lyndon Shanley

The Mirror

Imagining justice in Palestine.

  • Elias Khoury

Words Behind Bars

Do prisoners have a right to read what they want?

  • Colin Dayan

Within Reach of the State

Though both the victims and perpetrators of human rights violations on African soil have been Africans, the pursuit of justice has been conducted largely by international institutions.

  • Owen Fiss
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