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Congressional Refusal to Fund Obamacare — An Act of Civil Disobedience?
By David Schultz Under what occasions, if any, are members of Congress permitted to disobey a law as a matter of conscience? This is the question posed by House Republican…
Presidential Power and the Law: What to do with Syria?
By David Schultz Law matters. That is the theme of this column. But the law is the not sum total of what matters when it comes to asking the question…
Democracy on Trial: The Rule of Law and the NSA
Imagine a government that spies on its citizens, often without warrants. A government that holds secret court hearings, or a government that asserts the right to detain and jail citizens…
States and Same-Sex Marriage After Windsor
The battle for state recognition of same-sex marriage has just begun. While many might think that the Supreme Court decision in United States v. Windsor striking down section 3 of…
Higher Education After Affirmative Action
So what would higher education in America look like without affirmative action? This is the question many are asking if the Supreme Court in June rules in Fisher v. University…
Obama, Presidential Power and the Boston Marathon Bomber
The initial decision by the Obama Administration and the FBI not to read Dzhokhar A. Tsarnaev, the accused Boston Marathon bomber, his Miranda rights was wrong on at least two…
Legal Neutrality and the Regulation of Marriage
What role should the law have in deciding who marries whom? On one level this question is about same-sex marriage, but it is also about the power of law to…
The End of the Second Civil Rights Era
By all indications, the second civil rights era in American history will end this June. That is when the U.S. Supreme Court is expected to rule in Shelby County v.…
Gun Regulations and Limits of the Law
The push in Congress and in many states for new gun laws will be captured by many political myths. Debates will falsely declare that the mentally ill are the cause…
Administrative Law and Federalism in the Age of Obamacare
Public administrators and agencies exert an enormous amount of authority in American society. They make daily judgments regarding the quality of the food we eat, the water we drink, and…
The Case for Nationalizing Federal Elections
Election administration is perhaps the most important function performed in the United States. Yet as it has becoming increasingly clear after the 2012 elections, even after all the reforms that…