Hardball and/as Anti-Hardball

8 Pages Posted: 27 Oct 2019 Last revised: 27 Nov 2019

See all articles by David Pozen

David Pozen

Columbia University - Law School

Date Written: 2019


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.

Keywords: hardball, anti-hardball, constitutional politics, judicial reform, voting reform

Suggested Citation

Pozen, David E., Hardball and/as Anti-Hardball (2019). N.Y.U. Journal of Legislation & Public Policy, Vol. 21, pp. 949-55, 2019, Available at SSRN: https://ssrn.com/abstract=3470457

David E. Pozen (Contact Author)

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://www.law.columbia.edu/faculty/david-pozen

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