Jeffrey Rosen Archives Jeffrey Rosen • 208 Items / 187 Articles, 4 Books, 17 Reviews
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Affirmative Action: A SolutionJeffrey Rosen
Bill Clinton is struggling to decide which affirmative action programs to keep and whic...

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The Age of Mixed Results (Review) Jeffrey Rosen
One Case at a Time, by Cass R. Sunstein
- One Case at a Time by Cass R. Sunstein

Altered StatesJeff Rosen
Why liberals should quit searching for rights that aren't in the U.S. constitution and ...

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America in Thick and Thin (Review) Jeffrey Rosen
Civic Ideals, by Rogers M. Smith
- Civic Ideals by Rogers M. Smith

And Prime Time for AllJeffrey Rosen
When television made soap operas out of the Supreme Court, law was the loser

Annals of Justice: One Angry WomanJeffrey Rosen
The dramatic rise of the holdout juror

Annals of LawJeffrey Rosen
Damage Control

Annals of LawJeffrey Rosen
Low Crimes and Misdemeanors

Annals of LawJeffrey Rosen
Jurisprudence

Annals of LawJeffrey Rosen
Rehnquist's Choice

Annals of Law: Moving OnJeffrey Rosen
How would Clarence Thomas change the nature of American law? We may be about to find out

Annals of Law: The AgonizerJeffrey Rosen
How Justice Anthony Kennedy became the decisive voice of the Supreme Court

Answer KeyJeffrey Rosen
Is Samuel Alito Jr. a moderate or a radical? Here's how to tell

Anti-AntidisestablishmentarianismJeffrey Rosen
The Religious Freedom Restoration Act is one of those laws everyone loves---for exactly...

Bad LuckJeffrey Rosen
Be afraid. But not very afraid

Bad NooseJeffrey Rosen
The latest congressional attempt to save Habeas Corpus from the Rehnquist Court unfortu...

Bench MarkedJeffrey Rosen
Bob Dole's silly attack on the Clinton judges

Bench PressJeffrey Rosen
How to tell the good Bush judges from the bad

Big TenJeffrey Rosen
Can the Supreme Court find a middle ground between church and state?

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The Bloods and the Crits (8 Reviews) Jeffrey Rosen
Shades of Freedom, by A. Leon Higginbotham
- Shades of Freedom by A. Leon Higginbotham
- Journey to Justice by Johnnie Cochran and Tim Rutten
- In Contempt by Christopher Darden and Jess Walter
- The Run of His Life by Jeffrey Toobin
- American Tragedy by Lawrence Schiller and James Willwerth
- The Coming Race War? by Richard Delgado
- Critical Race Theory by Kimberle Crenshaw, Neil Gotanda, and Garry Peller, ...
- Law's Stories by Peter Brooks and Paul Gewirtz

The Book of RuthJeffrey Rosen
Judge Ginsburg's support for equal---not special---treatment for women could reignite a...

Cover Story
Bottoms UpJeffrey Rosen
John Roberts is a conservative, not an ideologue

Breyer RestraintJeffrey Rosen
Yes, Stephen Breyer, Clinton's second Supreme Court pick, is really smart, if a little ...

Breyer ReviewJeffrey Rosen
The Supreme Court's new decision giving judges more control over sentencing is a triump...

Chamber MusicJeffrey Rosen
Judges experience the surveillance state firsthand

The Critcs
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Cheap Speech (5 Reviews) Jeffrey Rosen
Constitutional Domains: Democracy, Community, Management, by Robert C. Post
- Constitutional Domains: Democracy, Community, Management by Robert C. Post
- Defending Pornography by Nadine Strossen
- Fighting Words by Kent Greenawalt
- Scrambling for Protection by Patrick M. Garry
- Abandoned in the Wasteland by Newton N. Minow and Craig L. LaMay

Civil RightJeffrey Rosen
Faced with John Ashcroft's post-9/11 assault on civil liberties, Democratic leaders hav...

Class ActionJeffrey Rosen
Why school vouchers are constitutional

The Color-Blind CourtJeffrey Rosen
Yes, this Court has turned a corner: it the most racailly radical in memory. Pity it al...

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Confirmations (3 Reviews) Jeffrey Rosen
Strange Justice, by Jane Mayer and Jill Abramson
- Strange Justice by Jane Mayer and Jill Abramson
- Resurrection: The Confirmation of Clarence Thomas by John C. Danforth
- The Complete Transcripts of the Clarence Thomas-Anita Hill Hearings by Anita Miller

Constitutional BidenJeffrey Rosen
Civil liberties' greatest salesman

A Constitutional CrisisJeffrey Rosen
The Starr report makes a compelling case for removal---of the independent counsel

Court TestJeff Rosen
Clinton would be the first Democrat in twenty-five years to nominate a Supreme Court ju...

Court Watch: Bad ThoughtsJeffrey Rosen
A lazy Rehnquist Court upholds a hate crimes law for the wrong reasons

Court Watch: Banking On Bruce?Jeffrey Rosen
The legal views of Bruce Babbitt

Court Watch: Blood RitualJeff Rosen
Can Hialeah ban animal sacrifice?

Court Watch: Boys and GirlsJeffrey Rosen
Sexual separatism in the dock

Court Watch: Coming to TermsJeffrey Rosen
Term limits vs. the Constitution

Court Watch: Court MarshallJeffrey Rosen
All the Marshall papers reveal is how dysfunctional the Rehnquist Court really is

Court Watch: Dancing DaysJeffrey Rosen
The solicitor general vs. set-asides

Court Watch: DisorientedJeffrey Rosen
The Colorado anti-gay rights initiative is deplorable but probably constitutional

Court Watch: Even StephenJeffrey Rosen
Breyer and the post-ideological Court

Court Watch: Fed UpJeffrey Rosen
Liberals should welcom the Lopze decision restricting federal power. It'll keep Al D'Am...

Court Watch: GerrymanderedJeffrey Rosen
The Voting Rights Act mess

Court Watch: Lemon LawJeffrey Rosen
Church-state wars---in sign language

Court Watch: OversexedJeffrey Rosen
Justice Ginsburg balks on gender

Court Watch: Reasonable WomenJeffrey Rosen
Ginsburg, Thomas, harassment

Court Watch: TerminatedJeffrey Rosen
A 5-4 decision against term limits was less remarkable than Clarence Thomas's bizarre d...

Court Watch: The ListJeffrey Rosen
Sorting out Clinton's choices

Court Watch: Village PeopleJeffrey Rosen
Is municipal theocracy constitutional?

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The Craftsman and the Nihilist (Review) Jeffrey Rosen
Learned Hand: The Man and the Judge, by Gerald Gunther
- Learned Hand: The Man and the Judge by Gerald Gunther

Crime Bill FolliesJeffrey Rosen
Is federalization flawed? Will sentencing of first-time drug offenders go up in smoke? ...

Cuomo VaidsJeffrey Rosen
What kind of Supreme Court justice would Mario Cuomo be? A guide to his written record-...

Danny and ZoeJeffrey Rosen
What Ms. Baird has in common with Mr. Quayle


The Day the Quotas DiedJeffrey Rosen
The federal government is busy doing away with set-asides; the Univesity of Texas has j...


Divide and RuleJeffrey Rosen
The terrorism cases show that the Supreme Court's real division isn't left versus right...

Dual SovereignsJeffrey Rosen
The Rehnquist Court repudiates Congress, reconsiders the New Deal and resurrects states...

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The End of Deference (Review) Jeffrey Rosen
The Warren Court and American Politics, by Lucas A. Powe, Jr.
- The Warren Court and American Politics by Lucas A. Powe, Jr.

The End of PrivacyJeffrey Rosen
The Founders sought to prevent precisely the kind of unjustified searches and seizures ...

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Essay: Why Brandeis Matters (Review) Jeffrey Rosen
Louis D. Brandeis: A Life, by Melvin Urofsky
- Louis D. Brandeis: A Life by Melvin Urofsky


ExposedJeffrey Rosen
The Paul Jones case strips the presidency of its constitutional protection


Federal OffenseJeffrey Rosen
The Court's assault on anti-discrimination

For ArnoldJeffrey Rosen
Why Clinton should pick the best liberal around

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The Forgotten Formalist (Review) Jeffrey Rosen
Hugo Black: A Biography, by Roger K. Newman
- Hugo Black: A Biography by Roger K. Newman

Franken SenseJeffrey Rosen
The very serious senator from Minnesota

FreelancedJeffrey Rosen
Why the Court doesn't understand Lexis-Nexis

Full Court PressJeffrey Rosen
Can Karl Rove have his media critics jailed?

Good HelpJeffrey Rosen
The real Zoe Baird question was why she hired illegal Latinos over legal blacks. A guid...


Hate MailJeff Rosen
Yale Law School vs. the First Amendment


Holding PatternJeffrey Rosen
John Ashcroft's detentions of illegal aliens trample sacred American liberties. But the...

Home FrontJeffrey Rosen
The United States needs a system of preventive detention for suspected terrorists. Just...

House ArrestJeffrey Rosen
Will Nancy Pelosi put Alberto Gonzales behind bars?

How to JudgeJeffrey Rosen
Bush's vow to appoint a "strict constructionist" to the Supreme Court terrifies liberal...


I PryJeffrey Rosen
There is no sound legal principle behind the fishing expedition into sexual history tha...

Cover Story
Immodest ProposalJeffrey Rosen
The Massachusetts Supreme Judicial Court could have followed the example of Vermont, en...

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In Defense of Gender-Blindness (2 Reviews) Jeffrey Rosen
In Harm's Way, by Catharine A. MacKinnon and Andrea Dworkin
- In Harm's Way by Catharine A. MacKinnon and Andrea Dworkin
- Heterophobia by Daphne Patai

Indecent ExposureJeffrey Rosen
The Supreme Court may be about to rule out the last effective avenue Congress still has...

Is Affirmative Action Doomed?Jeffrey Rosen
Two upcoming cases would radically redraw the boundaries of racial preferences. Here's how



Judge NotJeffrey Rosen
President Bush is wrong to hold enemy aliens incommunicado at Guantanamo Bay. But it's ...

JurymanderingJeff Rosen
An argument against race-based jury selection

Just A QuirkJeffrey Rosen
The sources of Buchanan's legal philosophy

Juvenile LogicJeffrey Rosen
Conservatives are right to fear the Supreme Court's integration of international opinio...

Kennedy CurseJeffrey Rosen
Why the Court's sodomy ruling was worse than Roe

Law and OrderJeffrey Rosen
Why curtailing liberty won't make us safer

The Leader of the OppositionJeffrey Rosen
Justice Scalia has become the conservatives' leading thinker by developing a coherent t...

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"Life's Dominion": An Exchange (Review) Ronald Dworkin and Jeffrey Rosen
Life's Dominion, by Ronald Dworkin
- Life's Dominion by Ronald Dworkin

Light FootprintJeffrey Rosen
On affirmative action, Justice Sandra Day O'Connor finally puts society's needs above h...

Like Race, Like Gender?Jeffrey Rosen
It's a first-wave feminist's nightmare, a second-waver's paradise and a third-waver's o...

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The Limits of Limits (Review) Jeffrey Rosen
Democracy and the Problem of Free Speech, by Cass R. Sunstein
- Democracy and the Problem of Free Speech by Cass R. Sunstein

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Lincoln v. Lincoln (Review) Jeffrey Rosen
Lincoln's Constitution, by Daniel Farber
- Lincoln's Constitution by Daniel Farber

Magic WordsJeffrey Rosen
McCain-Feingold is the product of 30 years of Supreme Court rulings; so why do conserva...

The MallJeffrey Rosen
Why we like restrictions on sex

The MallJeffrey Rosen
We have an indecency problem. Really

The MallJeffrey Rosen
John Roberts does Obama a favor

The MallJeffrey Rosen
The case against California's gay marriage decision

The MallJeffrey Rosen
The real cost of that abortion amendment

The MallJeffrey Rosen
The civil libertarian defending the Bush torture theorist

The MallJeffrey Rosen
Can conservatives overturn the bailout in court?

The MallJeffrey Rosen
Obama wimps out on torture

The MallJeffrey Rosen
Comcast, the biggest threat to free speech since Nixon

The MallJeffrey Rosen
In John Roberts, Obama finds the perfect enemy

The MallJeffrey Rosen
The dangerous naked machines

The MallJeffrey Rosen
How to stop cyber-bullies

Man-Made DisasterJeffrey Rosen
Five years on, the Department of Homeland Security is still a catastrophe

Material GirlJeffrey Rosen
Congress has yet to address the real question at the heart of the charges against the p...

McJusticeJeffrey Rosen
Liberals' long-feared judicial apocalypse is nigh

Men Behaving BadlyJeffrey Rosen
Contrary to what some Supreme Court Justices seem to thing, same-sex sexual harassment ...

'Miller' TimeJeff Rosen
An obscenity test that requires judges to decide whether works of art possess 'serious'...

Minor InfractionJeffrey Rosen
The wrong way to protect kids from porn


Modest ProposalJeffrey Rosen
The Supreme Court's activist philosophy---emphasizing states' rights, judicial supremac...


The Most Democratic Branch (2006)Jeffrey Rosen
How the Courts Serve America
2 Reviews

Mouse TrapJeffrey Rosen
How Disney snookered Justice Rehnquist

Cover Story
My Gitmo VacationJeffrey Rosen
A luxury junket to the heart of Bush's war on terrorism

The Naked Crowd (2004)Jeffrey Rosen
Reclaiming Security and Freedom in an Anxious Age
3 Reviews, 1 Readable

Naturally RightJeff Rosen
Instead of pressing David Souter on Roe v. Wade, Senate Democrats should ask how strict...

Never MindJeff Rosen
Why I gave Clarence Thomas too much credit


The Next CrimebusterJeffrey Rosen
The Social Police

The Next JusticeJeffrey Rosen
Byron White was a mediocre justice not because he became a conservative, but because he...

One Bite at the AppleJeffrey Rosen
Paul Jones may or may not get a hearing during Bill Clinton's term in office. But it do...

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Originalist Sin (2 Reviews) Jeffrey Rosen
A Matter of Interpretation, by Antonin Scalia and Amy Gutmann
- A Matter of Interpretation by Antonin Scalia and Amy Gutmann
- Original Meanings by Jack N. Rakove

Out of OrderJeffrey Rosen
How Sandra Day O'Connor came to represent the American public better than Bill Frist

OverchargedJeffrey Rosen
Fitzgerald's indefensible indictment

Partial SolutionJeffrey Rosen
The Roberts Court's coming abortion bargain

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Penumbras Formed by Emanations (Review) Jeffrey Rosen
Liberty and Sexuality, by David J. Garrow
- Liberty and Sexuality by David J. Garrow

Poetic JusticeJeffrey Rosen
David Souter, the Court's pleasant surprise

The Political SceneJeffrey Rosen
The Perjury Trap

Power of OneJeffrey Rosen
Dick Cheney, John Yoo, and the frightening rise of unitarians---no, not those Unitarian...

Power to JudgeJeffrey Rosen
Ashcroft will uphold the law. That's not the problem

Preserving Our PrivacyJeffrey Rosen
Why Privacy Matters

Prevent DefenseJeffrey Rosen
The big problem with John Ashcroft's war on terrorism


Privacy PleasJeffrey Rosen
Why the courts don't protect civil liberties when it matters most. And Congress does

Private EnemyJeffrey Rosen
Why Yaser Hamdi has the right to see his lawyer


Quiet PleaseJeffrey Rosen
Antonin Scalia's descent into punditry

Race To the TopJeffrey Rosen
Like it or not, the president is about to confront civil rights


Religious RightsJeffrey Rosen
Let faith-based charities discriminate

Cover Story
RematchJeffrey Rosen
The Supreme Court said its Bush v. Gore ruling wouldn't affect future elections. In fac...


Roberts Versus RobertsJeffrey Rosen
Just how radical is the chief justice?

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A Room With a View (Review) Jeffrey Rosen
A Trial by Jury, by D. Graham Burnett
- A Trial by Jury by D. Graham Burnett

Search and SeizeJeffrey Rosen
The GOP legal onslaught---on evidence

Security CheckJeffrey Rosen
The right way to curb Ashcroft

Sentimental JourneyJeffrey Rosen
In twenty-three years on the Supreme Court Harry Blackmun too often let his heart get t...

ShamelessJeffrey Rosen
Done properly, congressional censure of Bill Clinton could be perfectly constitutional....

Silent HillJeffrey Rosen
Only Congress can save us from the NSA. We're screwed

Sister ActJeffrey Rosen
The real motive behind Justice Rehnquist's newfound feminism

Sodom and DemurrerJeffrey Rosen
From the Hawaii marriage case to last month's trial in Denver, the courts are the new f...

Features
Sotto VoceJeffrey Rosen
The Sonia Sotomayor you don't know

Stare DecisisJeffrey Rosen
With his nomination of John Roberts as chief justice, President Bush is offering libera...

Stare IndecisisJeffrey Rosen
Why CCRI is not unconstitutional

Starr CrossedJeffrey Rosen
How well did the independent counsel really hold up under questioning?

State of the Union 2007Jeffrey Rosen
Roberts' Rules

Steele TrapJeffrey Rosen
Ken Starr's last crusade

The Supreme Court (2007)Jeffrey Rosen
The Personalities and Rivalries That Defined America
2 Reviews, 1 Readable

Features
Supreme LeaderJeffrey Rosen
Justice Anthony Kennedy has strong opinions on everything from Dr. Seuss to the female ...

Cover Story
Supreme MistakeJeffrey Rosen
Activists say this election will determine the future of the Supreme Court. And it will...

Talk Is CheapJeffrey Rosen

Tap DanceJeffrey Rosen
Alberto Gonzales's absurd performance

Tapped OutJeffrey Rosen
A terrorism bill that's not about terrorism

Thomas's PromiseJeff Rosen
Liberals used to like natural rights before they met Clarence Thomas. Why they should t...

TRB: Big ChurchJeffrey Rosen
Bob Dole's church-state hypocrisy

TRB: Impeach GoreJeffrey Rosen
Forget Janet Reno. Forget the independent counsel. The Constitution says it's Congress'...

TRB: Lee's WayJeffrey Rosen
Now that his civil-rights nominee has fallen, President Clinton has one last chance to ...

TRB: Passing the BuckleyJeffrey Rosen
How creative judicial thinking could save campaign finance reform

TRB: SandramanderedJeffrey Rosen
The racial districting mess gets worse

TRB: Sex GamesJeffrey Rosen
Why affirmative action isn't about women

TRB: Shell GameJeffrey Rosen
A Clinton betrayal on habeas corpus

TRB: SideshowJeffrey Rosen
Why partial-birth abortion doesn't matter

TRB: Southern ComfortJeffrey Rosen
Republican cynicism on voting rights

TRB: Take the FourthJeffrey Rosen
The Fifth Amendment won't save Clinton, but there's another amendment that might

TRB: The End of ObscenityJeffrey Rosen
The courts say cyberporn should be protected. So should the old-fashioned printed kind

Uncle SamJeffrey Rosen
Will Alito let the president do whatever he wants?

UnderprivilegedJeffrey Rosen
It is Bill Clinton, and not his critics, who understands what the Supreme Court said in...

A Unified Theory of ScandalJeffrey Rosen
The real roots of the U.S. attorney firings aren't in Karl Rove's office, but in a 15-y...

The Unwanted Gaze (2000)Jeffrey Rosen
The Destruction of Privacy in America
3 Reviews, 2 Readable

The War on ImmigrantsJeffrey Rosen
As Republicans talk of cutting off benefits to legal and illegal aliens, pro-immigratio...

Washington DiaristJeffrey Rosen
House Divided











What Right to Die?Jeffrey Rosen
With recent decisions on physician-assisted suicide, the courts are once again inventin...


Without MeritJeffrey Rosen
Conservatives say recent court decisions against affirmative action promote color-blind...

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A Womb With a View (Review) Jeffrey Rosen
Life's Dominion, by Ronald Dworkin
- Life's Dominion by Ronald Dworkin

Worst ChoiceJeffrey Rosen
There's almost no chance Roe will be overturned. Which is too bad. Abortion rights and ...

YawnJeffrey Rosen
Why gay marriage in Massachusetts won't matter anywhere else

Zoned OutJeffrey Rosen
The Supremes watch cyberporn and weigh a new strategy for containing it
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