Break It Up; by Richard Kreitner; Little, Brown and Company; 497 pp., $30.00 Stamped on the United States’ three-dollar Continental bill in 1783 was the phrase, “The Outcome Is in Doubt.” A more appropriate phrase for our own time could hardly be found. It also serves as the subtext of journalist Richard Kreitner’s fascinating new book, which chronicles the...

Enthusiastic defenders of the First and Second Amendments to the Constitution are fundamentalist cultists—and women and minorities are their victims. At least, that is the thesis of University of Miami law professor Mary Anne Franks’ new book, The Cult of the Constitution, an unforgiving disparagement of the Constitution’s white male origins and the allegedly unwoke...

There is no pleasing Duke University law professor Brandon L. Garrett, author of the death-penalty-abolishment screed End of Its Rope: How Killing the Death Penalty Can Revive Criminal Justice, though much about the current state of criminal justice should please him.  Nationwide, death sentences and executions are at historic lows, yet he claims that the...

Let’s say that a state passed a statute proscribing teachers from teaching reading in a language other than English until the student had passed the eighth grade.  Violation of the statute was a misdemeanor.  The state’s rationale was to assure that immigrant children learned English and assimilated.  In fact, the state declared that teaching immigrant...

When the Fourth Circuit Court of Appeals affirmed the trial court’s preliminary injunction against President Trump’s executive order restricting immigration from certain countries, it cited Trump’s statements about Islam as its rationale. American Muslims challenging the ban had alleged injury of two types: First, the Muslim plaintiffs felt marginalized by the President’s characterizations; second, they...

When Title VII of the Civil Rights Act of 1964 was first passed, “help wanted: men” and “help wanted: women” ads were common in newspapers.  Private employers could hire and fire for discriminatory reasons.  Title VII made discriminatory ads and the hiring practices they represent illegal.  In their new book, Unequal, two law professors, Sandra...

What is the justification for abortion?  Is abortion a moral or therapeutic concept?  Medical or legal?  Sociological or personal?  These considerations underlie Gosnell: The Untold Story of America’s Most Prolific Serial Killer, a narrative of the comprehensive criminal enterprise of Kermit Gosnell, M.D., Philadelphia’s notorious baby killer and drug trafficker, by the Irish journalists Ann...