Failed Democratization in the Arab World  

Because al-Qaeda’s ideology is rooted in an extreme version of Islam, post-September 11 discourse has focused mostly on ways that Islam may, in certain circumstances, give rise to bin Laden-like phenomena. This sort of approach is both facile and wrong, …







In Defense of Multilateralism  

The argument seems easy: the International Criminal Court represents a significant step toward a global rule of law, and the United States should be part of it. That’s ultimately right, but the argument is more complicated, and there are political …





How to Judge Future Judges  

I begin with two quotations from members of the Supreme Court itself. The first was written by Felix Frankfurter some seventy years ago: “[M]embers of the court are frequently admonished by their associates not to read their economic and social …





The Last Page  

Do Americans “by nature” know how one becomes a “naturalized” American? To become a citizen is far from ordinary in today’s Western countries. Democratic founding is a privilege of the first generation, which binds the next and establishes the political …



Business Scandals and Democracy  

“Children and economists,” Robert Lekachman once said, “may think that the men at the head of our great corporations spend their time thinking about new ways to please the customers or improve the efficiency of their factories and offices.” After …





Against Military Tribunals  

Last January, Zacarias Moussaoui, a French national of Moroccan descent, pleaded “not guilty” in Virginia federal court to six counts of conspiring to commit acts of international terrorism in connection with the September 11 attacks on the Pentagon and the …





Medical Privacy: The Data Wars  

Since Hippocrates, providers and seekers of medical care have sought to protect the confidentiality of their communications. Medicine has probably done better than most professions in realizing such aspirations—at least until the last few decades. But by the end of …