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Mark Tushnet’s Anti-Constitutionalism

Mark Tushnet, a Harvard law professor, is the nation’s most prominent leftist legal scholar. He was one of the founders of critical legal studies, which understands legal reasoning and doctrine as a mask for political preferences. Tushnet has said that, as a judge, he would decide cases to advance the cause of socialism. When he was confident that Hilary Clinton…

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Courts and Communities

Luke Sheahan’s debut book, Why Associations Matter, is surprisingly timely. Individuals and families have been sheltering at home. Yet questions about institutions and associations have been a major part of the pandemic. Can the state require religious communities to gather only online? In restricting in-person gatherings, can it distinguish between a sincere group of gun-toting critics…

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Questioning the Liberal Lessons of World War II

The Second World War ended with our country fundamentally transformed. After the First World War, the United States had sought what Warren Harding called “a return to normalcy.” After 1945, there could be no such return: the new normal would now mean the United States as a fully committed global power, responsible not only for the security of its erstwhile…

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Socially Distant

The social nature of human beings is the bedrock of our existence. We’re built by and for our relationships with other human beings. As Adam Smith tells us in his Theory of Moral Sentiments, human sociability develops through a subtle, continuous exchange of words and gestures between human beings that includes everything from raising an eyebrow to buying a car.

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“America First” Pays Off in the Middle East

Sheikh Mohammed bin Zayed al Nahyan (“MbZ”) of the United Arab Emirates, the “most powerful Arab ruler” according to the New York TimesDavid Kirkpatrick, is also the Arab world’s most sagacious political leader. With the UAE’s current account surplus of $109 billion in 2019 (vs. Saudi Arabia’s $47 billion), he wields enormous economic heft. MbZ…

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World War II, Pacifist Elites, and Tyranny

The world since World War II remains largely what America made of it. Everything it didn’t destroy in war, it modified afterward. With American perseverance and protection, Germany and Japan became democracies. The U.S. helped destroy colonial empires and became involved in protracted post-colonial wars. Above all, the Cold War shaped the world and, after a long struggle, the Soviet…

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The First Rivals

When in 2005 Doris Kearns Goodwin published Team of Rivals: The Political Genius of Abraham Lincoln, a standard was established for the analysis of the dynamics of political administration in the United States. Goodwin carefully analyzed Lincoln’s cabinet to unfold the extent to which the commander-in-chief effectively determined the shape of political administration or merely coordinated competing centers of…

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