The Voting Paradox

Prof. David G. Post discusses what he calls the Voting Paradox: Many years ago — 1992 to be precise — Steve Salop and I wrote a quirky little piece on something we called the “voting paradox.” It’s a minor, but very strange, little phenomenon in the law. The basic idea is quite simple. Suppose a …

Little Guys, Big Guys and the Law

Shortly before President Obama’s nomination of Elena Kagan for the Supreme Court, Politico published this excoriation of the “pro-business tilt” of Chief Justice John G. Roberts and his Court by Nan Aron, founder and president of Alliance For Justice: As chief justice, John Roberts has shown a strong pro-business tilt. On the eve of the …