It is common for scholars to distinguish between a ‘traditional presidency’ that existed in the 18th and 19th Centuries and a ‘modern presidency’ that emerged in the mid-20th Century. Proponents of this distinction see the presidency created by the Constitution as fundamentally weak. The modern presidency, by contrast, is portrayed as stronger and able to […]
Latest Articles
Forged By Crisis
A Nation Forged by Crisis (2018, Basic Books) tells the history of the United States through the greatest periods of crisis in each century of its existence. It opens with the 18th Century Revolution and covers the Civil War, Great Depression, World War II, and the Cold War. These periods of crisis forever altered the […]
Where Do Our Rights Come From? An Evaluation of American Patent Law
In Oil States Energy Services LLC v. Greene’s Energy Group LLC, the U.S. Supreme Court ruled that patent owners do not have a right to a trial in a court of law. The issue at hand in the case was whether Congress could vest in the United States Patent and Trademark Office power to adjudicate […]
Morality and Presidential Campaigns
During and after the 2016 presidential campaign, many commentators wondered how U.S. politics had devolved into the political circus witnessed that election season. Especially puzzling was the support that evangelical Christians, adherents to a faith that emphasizes morality in all facets of life, gave to the Republican candidate—the twice-divorced, coarse-talking, oft-bankrupt Donald Trump. Looking at […]
Life Behind the CV: A Case Study of an Unusual Legal Scholar
Academics forgo the term “resume” in favor of “curriculum vitae.” The CV refers to a list of degrees and accomplishments. But considering the Latin translation–“the course of life”–is the term too grand? The story of John Henry Wigmore suggests that “curriculum vitae” is not an overly grand term. Wigmore’s CV depicts a unique life path–as […]
