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Justices as “Sacred Symbols”: Antonin Scalia and the Cultural Life of the Law

trail that stretches back to the early 1990s when Bill Clinton proposed a universal health care system. David B. Rivkin Jr., a prominent libertarian lawyer, penned an oped in the Wall St. Journal asking a similar question: can the government regulate the diets of those it deems overweight? After consultation by Mr. Rivkin in 2009, Senator Orin Hatch (R., UT) made a similar point about buying “certain cars, dishwashers or refrigerators.” This led to Terence Jeffrey’s 2009 article in CNS News entitled: “Can Obama and Congress Order You to Buy Broccoli. ( See Terence P

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Declaration of War: A Dead Letter or An Invitation to Struggle?

(1974); Karl Deutsch & Dieter Senghaas, A Framework for a Theory of War and Peace, in the Search for World Order: Festschrift for Quincy Wright 23-46 (Albert Lepawsky et al. eds. 1972). war as “the condition of those contending by force” Hugo Grotius, On the Law of War and Peace (Stephen C. Neff. ed., Cambridge Univ. Press 2012/1625). or armed conflict, is rigidly narrow and fails to address war’s infinite manifestations. Which raises the question of the relation of casus belli to war. Casus belli may be used to justify a war, though a country need not

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Posner’s Folly: The End of Legal Pragmatism and Coercion’s Clarity

recognizable and classifiable as dogs from a common-sense perspective and perhaps even from a strictly biological one—reworking our classifications based upon detached speculation about what is extremely unlikely to be, but which still could conceivably be, would render almost all of our categories uselessly vague or ambiguous. We can imagine that one day, human bodies could exist that do not require the consumption of protein to be healthy—should that mean we should conclude that protein is not essential to a healthy diet? “Protein malnutrition leads to the condition known

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