Peter Berkowitz is the Tad and Dianne Taube Senior Fellow at the Hoover Institution, Stanford University. In 2019-2021, he served as the Director of the State Department’s Policy Planning Staff, executive secretary of the department's Commission on Unalienable Rights, and senior adviser to the...
The Supreme Court’s 6-3 decision upholding the Obama administration’s interpretation of a critical provision of the Affordable Care Act was the rare judicial action that helped both Democrats and Republicans, at least in the short run.
On July 5, FBI Director James Comey delivered a prepared statement summarizing the bureau’s yearlong investigation of Hillary Clinton’s use of a personal email system during her tenure as secretary of state.
On Sept. 15, University of California, Berkeley law professor and former dean of the law school Sujit Choudhry filed a lawsuit in United States District Court for the Northern District of California alleging that the Regents of the University of California violated his constitutional rights to due process and equal protection of the laws.
The Daily Caller reports that the U.S. Court of Appeals for the District of Columbia has reinstated Lewis (Scooter) Libby’s license to practice law, eight years after he was disbarred as a result of his conviction in connection with what became known as “Plamegate.”
To the chagrin of the vast majority of professors of constitutional law, President-elect Donald Trump has promised to appoint judges to the Supreme Court and throughout the federal judiciary who believe that the Constitution’s original meaning provides authoritative guidance in resolving cases and controversies.
The idea of a “constitutional conservatism” is back in the news. It came into vogue on the right in response to the pursuit by President Obama—after his victory in the 2008 presidential election and the Democrats’ sweep of both houses of Congress—of ambitious progressive policies.
Administrative law is the collection of rules governing the welter of government agencies -- ranging from the Environmental Protection Agency and Food and Drug Administration to the Securities and Exchange Commission -- that are neither legislatures nor courts but which make binding law.
Last week in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court threaded the needle. Whether the thread will hold is uncertain. Justice Anthony Kennedy’s narrowly crafted majority opinion protected religious liberty without impairing gay rights.
Like an individual mixed up about his convictions, a nation perplexed about its principles is prone to self-inflicted wounds. Both are likely to wander aimlessly and choose friends poorly while falling for the blandishments of adversaries. They are prone to misjudge their interests and misconstrue justice. A nation perplexed about its principles exacerbates citizens’ muddle about their convictions.
Many in the United States worry about the erosion of democratic norms. Too few, however, exhibit concern for the steady deterioration over the last half century of the essential democratic norm of free speech.
The annual ritual of freshman orientation, which begins in mid-summer and extends through mid-September, is in full swing. Colleges are welcoming students and showing them around, acquainting them with classmates and college facilities, and making them aware of the full range of campus activities, clubs, and programs.
In a June 4, 2010, Wall Street Journal column, republished in her new collection, “The Time of Our Lives,” Peggy Noonan tells the heartbreaking story of 28-year-old Detroit Tigers’ pitcher Armando Galarraga.
Most Americans understand that individuals who have been subject to an authorized disciplinary procedure and have accepted their prescribed punishment shouldn’t be investigated and punished a second time for the same offense.
On April 22, University of California Berkeley law professor Sujit Choudhry filed an 11-page single-spaced grievance with the 10-member UC Berkeley Privilege and Tenure Committee.
Much as administrators and faculty may dislike it, the fact is that public colleges are subject to both the First Amendment and the state legislatures that fund them. Legislators shouldn’t micromanage the campuses, but they must set some basic rules.
In an October 26, 2016, letter to the Wall Street Journal, Professor David M. Post, chair of Yale’s University-Wide Committee on Sexual Misconduct, defended the Ivy League institution’s “procedures for addressing sexual misconduct.” But his formulation betrayed him.
On college campuses, outrage over provocative speakers sometimes turns violent. It's becoming a pattern on campuses around the country. A speaker is invited, often by a conservative student group. Other students oppose the speaker, and maybe they protest. If the speech happens, the speaker is heckled. Sometimes there's violence.
The threat to free speech in the United States is by no means restricted to colleges and universities, but they have become breeding grounds, training camps, and launching pads in the campaign to curtail liberty of thought and discussion. It is on our campuses where the battle for free speech will be won or lost.
When one-fifth of college students believe it's fine to use violence to silence speech, we have a huge problem.
Only apologists determined to avert their eyes and cover their ears could deny with a straight face that higher education in America today nurses hostility to free speech.