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From Letters to the Editors of Mirror of Justice

Alvaré suggested that we hammer home two points that ought to be obvious but aren’t: Most Americans are religious in some fashion, and few people are motivated by purely secular considerations to become . . . well, better people. This is why liberalism’ ...

From PAUL HORWITZ, PrawfsBlawg,  23 Nov 2009

How I Write?

For myself, I would give a couple of answers.  For most major projects, I (or a combination of my research assistant and I) transcribe all the little quotes, sections, and arguments, along with my occasional marginalia, from the articles and books I'm ...

From PAUL HORWITZ, PrawfsBlawg,  23 Nov 2009

Philosophers Without Gods (and the First Amendment)

Philosophers Without Gods: Meditations on Atheism and the Secular Life, a collection of essays on atheism by a number of leading philosophers, recently received some notice in legal circles, at least for those who were watching carefully, when Brian ...

From PAUL HORWITZ, PrawfsBlawg,  16 Nov 2009

Horwitz on Schauer on Truth and the First Amendment

That does not mean Schauer’s arguments are complete or unshakeable. For one thing, it is itself a question of fact whether questions of fact and falsity actually pose an “increasing problem.” That there are salient recent examples of glaring falsehood, ...

From PAUL HORWITZ, PrawfsBlawg,  16 Nov 2009

On "Reshaping the Federal Judiciary"

The New York Times's Charlie Savage has a very Savagesque story today discussing the relative paucity of judicial nominations that have either been made by President Obama or made it through the process.  Savage describes this as "deflating the hopes ...

From PAUL HORWITZ, PrawfsBlawg,  15 Nov 2009

Related Topics: White House,  U.S. Republican Party,  U.S. Democratic Party,  New York Times Company,  Charlie Savage

First Amendment Institutions as Part of the "Unique National Institution" Canon?

Anita S. Krisknakumar of St. John's has posted in interesting paper on SSRN called The Hidden Legacy of Holy Trinity Church: The Unique National Institution Canon.  Here is an excerpt from the abstract: While Holy Trinity has been much-discussed in the ...

From PAUL HORWITZ, PrawfsBlawg,  13 Nov 2009

Ah, Sweet Mystery of Journalism

The New York Times has an entertaining story about Justice Kennedy's recent appearance at the New York private school Dalton (think Gossip Girl with, hopefully, better music).  The story reports that Justice Kennedy insisted on approving, in advance, ...

From PAUL HORWITZ, PrawfsBlawg,  11 Nov 2009

Related Topics: Dalton,  New York Times Company

"Self-Promotion" and Institutional Promotion

Paul Secunda's posts on self-promotion are very useful and I hope ambitious scholars, whether junior or senior, are taking a look at them.  One point I want to emphasize, by way of friendly amendment rather than suggesting any tension with Paul's own ...

From PAUL HORWITZ, PrawfsBlawg,  11 Nov 2009

Democracy as the Rule of Law

This paper is a chapter for a forthcoming book, Prosecuting the Bush Administration: What Does the Rule of Law Require? The book does not debate whether the Bush administration violated the law in the course of the War on Terror and the wars in ...

From PAUL HORWITZ, PrawfsBlawg,  10 Nov 2009

Related Topics: George W. Bush

One of These Things is (Not) Like the Other?

What interests me for present purposes, however, is his introduction.  Lund starts by writing that then-nominee presented herself "as a judge who has never done anything except apply the law to the facts, and never will do anything else."  He says that ...

From PAUL HORWITZ, PrawfsBlawg,  6 Nov 2009

Related Topics: Barack Obama

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