Is it coherent to speak of a right to resist justified punishment? Thomas Hobbes thought so. This essay seeks first to (re)introduce Hobbes as a punishment theorist, and second to use Hobbes to examine what it means to respect the criminal even as we punish him. Hobbes is almost entirely neglected by scholars of criminal […]
The article reveals a deep ambivalence in the law about the role of individual dissent within public and private settings and offers a way to reconcile the conflicting demands of organizational loyalty and legal compliance. It describes the vast inconsistencies that currently exist in the laws of private sector wrongful discharge, public employee First Amendment […]
The Jorde Lecture by Holmes burns with the light of clear analysis and calm rationality. In this Essay, I wish to build on it through consideration of its model of “public liberty.” In particular, I discuss how private liberty, and in particular, information privacy, has an important role, indeed is a precondition, for public liberty. […]
The security or freedom framework fails to capture the single most important characteristic of counterterrorist law: increased executive power that shifts the balance of power between the branches of government. At each point where the legislature would be expected to push back””at the introduction of the measures, at the renewal of temporary provisions, and in […]
Emergency-room personnel are acutely aware of the serious risks posed by excessive delay. Understanding the need for immediate and unhesitating action, they nevertheless routinely consume precious time to follow protocols drilled into them and practiced in advance. Why do they do this? They do it, quite obviously, to minimize the risk of making fatal but […]
