EUGENE VOLOKH has thoughts on Michiko Kakutani’s review of Richard Posner’s book. And via the comments to Eugene’s post, I found this critical review from Daniel Solove, which in my opinion is much better than Kakutani’s. (And, unlike many critics of Kakutani’s review — and, for that matter, of Posner — I’ve actually read Posner’s book.)

UPDATE: In a somewhat-related item, Emily Bazelon argues that Congress shouldn’t write interrogation rules. I think I disagree with that. Her arguments are reasonable but I think that it’s important for Congress to take responsibility on this topic. In the short run, the executive can deal with things like this on an emergency basis, perhaps, but this is the long run now, and I think it’s a good idea, both practically and politically, to make Congress — and Congress members — take a position and live with it.