Law | Law and Politics
Many commentators have expressed alarm at the apparent rise of "constitutional hardball" in the United States, the United Kingdom, and elsewhere. This short essay introduces the idea of "anti-hardball" as a potential antidote. Complicating matters, hardball and anti-hardball are not necessarily opposed in practice. Short-term hardball tactics will generally be more justified, the essay suggests, when tied to a longer-term anti-hardball strategy.
David E. Pozen,
Hardball and/as Anti-Hardball,
New York University Journal of Legislation & Public Policy, Vol. 21, p. 949, 2019
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2575