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The First Amendment and Campaign Finance

Over at the Volokh Conspiracy, David E. Bernstein argues that Justice Stephen Breyer’s dissent in the Campaign Finance Case (McCutcheon v. Federal Elections Commission) is dangerous. He writes, rightly, that progressives have historically been uneasy with the First Amendment since strong rights are anti-democratic and exert a conservative and limiting impulse on democratic self-government and…Read more The First Amendment and Campaign Finance Posted on 4 April 2014 | 3:14 pm

Dworkin’s Law & Justice

Ronald Dworkin died yesterday, Thursday. He was 81. For much of my early career as someone engaged in the question of justice, Ronald Dworkin was one of my imaginary antagonists. Reading Dworkin was eternally frustrating. I was consumed with the inevitable temptation to take on Dworkin’s unwavering apologies for legal power. Dworkin was the great…Read more Dworkin’s Law & Justice Posted on 15 February 2013 | 3:11 pm

For the Sake of What is New

“Exactly for the sake of what is new and revolutionary in every child, education must be conservative; it must preserve this newness and introduce it as a new thing into an old world.” -Hannah Arendt, The Crisis in Education In the central and perhaps most provocative passage of her essay on The Crisis in Education…Read more For the Sake of What is New Posted on 28 January 2013 | 12:33 pm

Roberto Unger: A Wartime Economy Without a War

“Ouch.” With that simple yet evocative Facebook status update, I was led this week on a journey into my intellectual past. The link attached to the painful interjection led to a video by Roberto Mangabeira Unger. It is a provocative video titled “Beyond Obama.” It calls for progressives to work for the defeat of Presidential…Read more Roberto Unger: A Wartime Economy Without a War Posted on 22 June 2012 | 3:25 pm

The New Class War: Public vs. Private

Occupy Wall Street focused attention on one conception of class conflict-the super wealthy against the 99%.  As successful as OWS was in spreading its message, almost no legislative agenda emerged. The Tea Party focused its attention on the tax burdens faced by the middle classes and the upper middle classes.  The villain for the Tea…Read more The New Class War: Public vs. Private Posted on 7 June 2012 | 11:40 am