Some constitutional language is necessarily open-textured, as when it forbids the “establishment” of religion or “unreasonable” searches, or when it guarantees the “free exercise” of religion, “due process” and “equal protection” of law. There is, in Chief Justice Warren Burger’s phrase, “play in the joints” of the Constitution. The Framers, however, favoured precision when it is possible and necessary, as ...

The severity of Apple Inc’s challenges amid the Covid-19 pandemic is starting to become clear. And it’s not looking great. The reports covering the prospects of an iPhone delay are piling up. Last month, Nikkei reported Apple was considering putting off the introduction of its 2020 iPhones. Bloomberg News then said the new iPhones could be launched a few weeks ...

Whenever we’re ready to re-open Covid-closed businesses, we’ll have to resolve some important questions about how to do so safely. One of them: what kind of measures should businesses take to keep employees and customers safe, and how should business owners be held accountable if they play fast and loose with others’ health? This debate over limiting liability has just ...