Here is an excerpt from my essay this week in NYU’s Democracy Project series of essays on challenges facing democracy today, both here and elsewhere: Writing from Mussolini’s prison in 1930, the Italian political theorist Antonio Gramsci observed of democracies… Continue reading

Next, here is an excerpt from Bob Bauer’s essay in the NYU Democracy Project’s series of 100 essays in 100 days: …I entirely agree with critics who are very troubled by aspects of this [presidential immunity] opinion, including its holding… Continue reading

Among other essays we published this week at NYU’s Democracy Project, we published three essays from the three of us who founded and direct the Project — Bob Bauer, Sam Issacharoff, and me. I’ll blog about each piece separately,… Continue reading

Over at Balkinization, David Super, a congressional process expert, has these comments about why preservation of the filibuster is, in his view, in the best interests of both parties. Thus, Super suggests Republicans are unlikely to end the filibuster to… Continue reading

At the Democracy Project today, we’re running a special feature essay from Caleb Nelson, the Spies Distinguished Professor of Law at the University of Virginia School of Law and former law clerk to Justice Clarence Thomas. Caleb is a major… Continue reading

This week’s essays include the following: Today, with an international perspective, from Cora Chan on Liberal Enclaves inside repressive regimes. Cora is a professor of law at the University of Hong Kong. Ned blogged about this essay earlier today.  ”… Continue reading

The 2020 presidential elections in Belarus were considered fraudulent by most Western democracies. Despite massive support for opposition candidate Sviatlana Tsikhanouskaya, which independent monitors believe was around 70%, the official results were presented as favoring the country’s long-time president, Alyaksandr… Continue reading

In a post yesterday, Ned Foley took issue with the essay from Randy Barnett posted yesterday at NYU’s Democracy Project. Here’s an excerpt from Randy’s piece, so readers can understand the context of Ned’s critique. Today’s post at the Democracy… Continue reading

Last week at NYU’s Democracy Project‘s series of 100 essays in 100 days, we featured two essays, among others, on the role of Congress in this moment. One, from congressional expert Molly Reynolds, is titled When It Comes to … Continue reading

At the Volokh Conspiracy, Ilya Somin has a piece that provides a policy critique of this decision from his Cato colleague David Bier and then a discussion of the legal issues. Here’s some of the legal discussion: As David Bier… Continue reading

Over at Divided Argument, Sam Bray has posted this abstract of an essay he has just released. I have wondered about some of these questions, and Sam has been influential with the Court, as in the universal injunction case: When… Continue reading

At NYU’s Democracy Project, Professor Wojciech Sadurski, Challis Professor of Jurisprudence at the University of Sydney and Professor at the University of Warsaw Center for Europe, has an important essay on the struggle of how democrats should respond, once… Continue reading

In our first week, we published three additional essays with views on several ways to address the toxic political culture of our era, in addition to Randy Kennedy’s essay excerpted earlier here entitled: NOT By Any Means Necessary. From John … Continue reading

In light of yesterday’s tragic events, I am posting an excerpt here from Randy Kennedy’s essay we published earlier this week at the NYU Democracy Project: Because proponents of democracy are constantly battling its enemies, the ethics of fighting… Continue reading