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Articles Written by: CASS R. SUNSTEIN
In 1993, Jamie Gorelick, general counsel of the Department of Defense, testified before a subcommittee of the House Armed Services Committee. Defending President Clinton's new "don't ask, don't tell" policy, Gorelick was asked to explain how someone ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
The Bill of Rights has now been part of the American Constitution for 200 years, In the very recent past, that short document has helped to inspire reform movements throughout the world - not merely in the Soviet Union, Hungary, Romania, Poland, and ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Here, in capsule form, is the conventional wisdom about American constitutional history. Conforming to the applicable legal requirements, the American people adopted a Constitution designed to protect individual rights while allowing a properly large ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Some people think that it is very important to establish that what we consider "law" is really "politics." Thus, when the decisions of the Warren Court seemed to reflect liberal convictions, the justices were said to be engaging in "politics." And we ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Let us begin with a few numbers. On a usual day in America, thirty Americans are killed at work, fifty-six are killed at home, and 133 die in car accidents. About 4,000 Americans die each day as a result of cancer. Tobacco smoking contributes to about 3 ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Imagine that a decade from now, an extraordinary new constitution emerges to govern the democratic state of Russia. Imagine that this constitution is adopted after a long period of discussion and debate among the Russian people, that it combats ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
The contemporary debate about free speech on the campus follows a predictable script. On one side stand the self-described absolutists. Proudly decrying political correctness, they claim to insist on principle. Invoking the specter of McCarthyism, they ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
The Tyranny of the Majority: Fundamental Fairness in Representative Democracy
The distribution of political power is one of the most important issues facing any political system. And yet in our political system it is not at all easy to have a public ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Defending Pornography: Free Speech, Sex, and the Fight for Women's Rights
Nadine Strossen is the president of the American Civil Liberties Union, and the ACLU has strong opinions about pornography. In its view, just about any restrictions on ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
Abandoned in the Wasteland: Children, Television, and the First Amendment
When Senator Dole criticized Hollywood for producing "nightmares of depravity," was he speaking for many Americans, or for a narrow far-right fringe? Recent polls strongly ...
From CASS R. SUNSTEIN,
The New Republic,
8 Jan 2009
