What is the link between the vigorous exercise of executive power and presidential greatness? What lessons can be learned from the past?

The growth of law and litigation since the 1960s is often decried for being costly and inefficient. But what about the benefits? Hasn't expanded liability also produced greater fairness and accountability and more responsible decisions? In his new book, Life Without Lawyers: Liberating Americans from Too Much Law (Norton, 2009),...

In his newest book, War by Other Means: An Insider’s Account of the War on Terror (Atlantic Monthly Press, 2006), AEI visiting scholar John Yoo describes how the Bush administration grappled with the legal questions brought about by the events of September 11 and the early days of the War...

In the recent case of Abigail Alliance v. von Eschenbach, a divided panel of the United States Court of Appeals for the D.C. Circuit held that the due process clause required the Food and Drug Administration (FDA) to allow terminally ill patients the opportunity to use last-hope drugs that have...

This question lies at the heart of the intense recent debates over judicial nominations, and could have important implications for public policy. Some argue that the Constitution should always mean what the Founding Fathers intended. The problem with this view is that it could lead to results that many...

Should she be confirmed, Judge Sonia Sotomayor may not prove an effective advocate for her liberal views on the Supreme Court.

Washington has many agencies with specialized jurisdiction over particular markets or issues. Competition is important and desirable in all of these markets. Economic theory, backed by numerous studies, predicts that increased competition and the ensuing market forces work best for meeting consumer needs. Regulatory agencies differ, however, in the extent...

In Lochner v. New York (1905), the Supreme Court—discovering a right to contract in the Fourteenth Amendment—invalidated a New York statute setting maximum working hours for bakery employees. A century later, Lochner still stands as one of the most widely despised decisions in the Court's entire history. Conservatives denounce it...