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Today's uses of the Second Amendment may invoke James Madison and Alexander Hamilton, but they have a lot more to do with interest-group politics.
No one should take away people's rights. But with respect to 'the right to arm ourselves,' we have lost sight of our own history.
Usually, to promote a new work, I'll aspire to be published in the 'Columbia Law Review' or the 'Stanford Law Review' and to have at least five really enticing footnotes.
Humility is of central importance; I think it's an underappreciated virtue in the contemporary discussion of law and politics.
Television is, in many respects, a passive medium: people receive information without really exchanging ideas with others. By contrast, the Internet can be an active medium, allowing individuals to use e-mail, discussion groups, and even Web sites to engage with one another.
The process of getting regulations right is described publicly as far more political than in fact it is. It's essentially a legal and technical enterprise.
In psychology and behavioral economics, people have shown that if you just describe options in a certain way, or make some features of a situation salient, you can get people to do and even see what you want. You don't have to be a Jedi to manipulate people's attention.
Web publishing can create common spaces; it all depends on how we, the readers and sometimes the producers, react to technological change. If we sort ourselves into narrow groups, common spaces will be in big trouble. But there's no reason not to have common spaces on the Internet. There are lots of them out there.
When government programs aren't working, those on the Left tend to support more funding, while those on the Right want to scrap them altogether. It is better to ask whether the problem is complexity and poor design. We can solve those problems - sometimes without spending a penny.
After a two-term presidency, many young voters seem to want someone who is radically different from, even the opposite of, the commander in chief to whom they have become accustomed. After all, a two-term president will have led their nation for a significant percentage of their lives. That's boring. Isn't it time for a transformation?
Bottom 10 Percent progressives are not enthusiastic about concentrations of wealth. But that's not what keeps them up at night. Their focus is on deprivation and lack of opportunity. They're motivated by empathy for people who are suffering, rather than outrage over unjustified wealth.
When it comes to discrimination, Americans pride ourselves on how far we've come. Racial segregation is history. Explicit sex discrimination is banned. Same-sex marriage is the law of the land. But amidst all the progress, the male-female wage gap persists, and it's big.
Voters like to fall in love with presidential candidates, at least a little bit.
For consumers, the lesson is simple: Genetically modified foods are safe to eat.
If a company has acted badly, people want to punish it - not in order to deter future misconduct, but simply because they're outraged. And the more outraged they are, the more punishment they want to inflict.
In a well-functioning democracy, people frequently encounter topics and points of view that they did not specifically select but from which they learn. Those encounters can change minds and, even, the course of lives.
There's every reason to think that whatever their political leanings, Americans will be highly receptive to numerous reforms designed to improve health, safety, economic security, environmental quality and democratic self-government - at least if those reforms do not eliminate their freedom of choice.
Rules are not improved by sloganeering, fact-free letter-writing campaigns, or special pleading from interest groups.
Having a constant productive anxiety doesn't mean that people are miserable and wailing but that people know they will be held accountable if things do not go right.
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