Bill-of-Rights Despotism Mises Review 2, No. 3 (Fall 1996) THE NINTH AMENDMENT AND THE POLITICS OF CREATIVE JURISPRUDENCE Marshall L. De Rosa Transaction Publishers, 1996, viii + 216 pgs. Professor Marshall De Rosa’s excellent book calls attention to a paradox in recent constitutional law. The Ninth Amendment to the U.S. Constitution provides:
Cheap Shot Mises Review 3, No. 3 (Fall 1997) “UNSOUND CONSTITUTION” George P. Fletcher The New Republic (June 23, 1997): 14–18 George P. Fletcher, Cardozo Professor of Jurisprudence at Columbia Law School, thinks that the Timothy McVeigh trial teaches us an important lesson about the Constitution. Many Americans, particularly those on the “radical
Who’s In Charge? Mises Review 3, No. 1 (Spring 1997) PRESIDENTIAL WAR POWER Louis Fisher University Press of Kansas, 1995. xvi + 245 pgs. The conduct of contemporary American foreign policy flies in the face of the Constitution and much of our history. Of this unfortunate circumstance, readers of Louis Fisher’s definitive book will have no doubt.
A Case Not Closed Mises Review 3, No.1 (Spring 1997) SLOUCHING TOWARDS GOMORRAH: MODERN LIBERALISM AND AMERICAN DECLINE Robert H. Bork Regan Books/Harper Collins, 1996, xiv + 382 pgs. With ample reason, Robert Bork indicts contemporary American culture. But he in part misidentifies what is responsible for our current predicament; and as a result,
Judges Shall Be As Gods Mises Review 3, No. 1 (Spring 1997 ) OVERCOMING LAW Richard A. Posner Harvard University Press, 1995, x + 597 pgs. To most conservatives, constitutional interpretation is straightforward. The judge’s task is to understand the Constitution as intended by its authors. A judge must not anachronistically impose his own social
Inside Scalia’s Mind Mises Review 3, No. 2 (Summer 1997) A MATTER OF INTERPRETATION: FEDERAL COURTS AND THE LAW Antonin Scalia Princeton University Press, 1997, xiii + 159 pgs. This is much more than a book: it is a confrontation. It consists of a lecture on constitutional interpretation delivered at Princeton University by Justice Scalia of the
Central Planning for Self-Esteem Mises Review 3, No. 4 (Winter 1997) ANTIDISCRIMINATION LAW AND SOCIAL EQUALITY Andrew Koppelman Yale University Press, 1996, x + 276 pgs. Andrew Koppelman is clearly a writer of considerable intelligence, and exceptionally well-read in political philosophy, ethics, and law. But he puts his talent in the service
When All Else Fails ... Mises Review 1, No. 4 (Winter 1995) “JAFFA ON GRAGLIA” Harry Jaffa National Review , Volume 47, No. 15 (August 14, 1995): 27–32 Lino Graglia, a distinguished constitutional lawyer at the University of Texas, has had it up to here with Harry Jaffa. A professed opponent of judicial activism, Jaffa in fact gives judges carte
A Libertarian’s Plea Mises Review 1, No. 3 (Fall 1995) SIMPLE RULES FOR A COMPLEX WORLD Richard A. Epstein Harvard University Press, 1995. xiv + 361 pgs. Richard Epstein’s excellent book is packed full of arguments which continually engage the reader, even if they do not always compel assent. He constructs a powerful case for a free-market social
America’s Many Propositions Mises Review 1, No. 2 (Summer 1995) ORIGINAL INTENTIONS: ON THE MAKING AND RATIFICATION OF THE UNITED STATES CONSTITUTION M.E. Bradford University of Georgia Press, 1993, xxiv + 165 pp. By profession M. E. Bradford was a literary scholar, and Original Intentions , issued shortly after his untimely death, manifests his
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The Mises Institute is a non-profit organization that exists to promote teaching and research in the Austrian School of economics, individual freedom, honest history, and international peace, in the tradition of Ludwig von Mises and Murray N. Rothbard.
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