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