Creating precedent for the law The term “legislating from the bench” is frequently used but rarely explained. In the 2008 presidential debates Sen. John McCain (R-Ariz.) promised he would not appoint judges who legislate from the bench. But as Bruce Peabody, author of Legislating from the Bench, a Definition and a Defense, told the HPR, “I don’t think we can ... Read More
Obama’s nominations will be liberal, but not in the conventional sense For better or for worse, people will view it as historically significant,” mused Harvard Law Professor Randall Kennedy on the election of the Harvard Law Review’s first black president in 1990. Less than two decades later, the student in question has once again been thrust into the spotlight of ... Read More
Bush fought for unprecedented expansion of presidential power – and failed By Gabriella Anderson ’12 and Elise Liu ‘11 Executive fiat. Secret orders. Martial law. These are the trademarks of authoritarian regimes, and yet they also rank among powers presumed by the Bush administration in the past eight years. Begun in the wake of Sept. 11, 2001, George W. Bush’s ... Read More
