Noah Feldman

The Impact of the UK Supreme Court’s Brexit Ruling Will Be Felt for Centuries

The UK Supreme Court’s ruling voiding Boris Johnson’s suspension of Parliament is one for the ages — a landmark in British constitutional law of the kind that comes around only once every few centuries. The court’s judgment tried to downplay how astonishing its decision was. But the reality is…

Trump’s Long Shutdown Could Destabilize the World

President Donald Trump in a meeting with congressional Democrats on Friday said he was prepared for the partial government shutdown to continue for months — or even years — if he doesn’t get the money he wants for a wall along the Mexican border. It’s not hard to see how that prediction comes true…

Outrage Over Human Gene Editing Will Fade Fast

It’s too soon to know whether a Chinese researcher who claims to have successfully edited the genomes of newly born twins is telling the truth. But if he is, and if the girls turn out to be healthy and normal, it heralds a significant change in the scientific and ethical status of human gene…

Assange Speculation Shows Why Charges Should Be Public

The word-processing error that unintentionally revealed the Justice Department’s sealed charges against WikiLeaks founder Julian Assange is fascinating, not least because analogous mistakes can be found in texts going all the way back to the Babylonian Epic of Gilgamesh. It also raises important…

Religious Freedom Shouldn’t Be Freedom to Discriminate

A South Carolina foster-care agency has asked the Trump administration to rule that it has a constitutional right to discriminate against non-Protestant and gay parents under the religious-freedom guarantee of the First Amendment. Some evangelical Christians will be upset if the agency doesn’t…

A Free Press Can Bury the News, Too

Did the National Enquirer have a right to buy stories about Donald Trump in order not to publish them? And if so, what was the crime in buying Karen McDougal’s report of an affair with now-President Trump — a crime to which Michael Cohen pleaded guilty? These questions have become all the more…

Democracy Needs the Press as the ‘Opposition Party’

What’s the main value in a free press? To hear the press tell it — as in many of the 350-plus editorials published in coordination last week in response to the president's anti-press rhetoric — the answer is factual, objective coverage of events. But that’s not what the framers of the…

Government Phone Tracking Scares Justice Roberts, Too

The U.S. Supreme Court has taken an important step away from the “1984”-style surveillance state — barely. The court held, 5-4, on Friday that the government can’t use your mobile-phone-location data to figure out where you have been unless it gets a warrant first. The big surprise is that Chief…

With Talks Back On, Kim Bets Trump Will Accept Half a Deal

Like so much else that President Donald Trump does, the North Korea negotiations dance is all about breaking the unwritten rules. Past presidents would have never allowed themselves to be put in the position where they could appear to be jerked around by a tin-pot dictator. Trump genuinely doesn’t…

Artificial Intelligence in Policing

The revelation that the New Orleans Police Department quietly used a Silicon Valley company to predict crime raises dilemmas similar to those emerging from artificial intelligence in other spheres, like consumer behavior, medicine and employment. But what's uniquely shocking about the story of New…