Return to the Barbaric

The President’s use of executive power outside and above the bounds of the Constitution is well known at this point. In policies ranging from the railroading of creditors in the auto bailouts, to Obamacare by waiver, eliminating key work provisions in the 1996 welfare reform legislation, Deferred Action for Childhood Arrivals, and to the informed…

The Case Against CIA [REDACTED] John [REDACTED]

I used to think I wanted the job security of the tenured professor but now I think what I really…

The Sharing Economy as an Economy of Freedom

The so-called sharing economy has arrived. In this economy, the services sector has grown as information technology connects individuals who…

From the Blog

Mike Rappaport
University of San Diego School of Law

More on the Indictment of Rick Perry

I have looked a bit more deeply into the Governor Rick Perry indictment.  Unfortunately, the…

The Indictment of Rick Perry

The indictment of Governor Rick Perry seems, at first glance, to be a political lawsuit…

Barnett on the Invasion of Iraq

My friend Randy Barnett has an interesting post discussing his views on libertarian policy and…

John O. McGinnis
Northwestern University School of Law

The Sharing Economy as an Economy of Freedom

The so-called sharing economy has arrived. In this economy, the services sector has grown as…

Transparency, Technology and Policing

The fatal shooting in Ferguson, Missouri demonstrates the need for more transparent policing. The facts…

The Welfare State’s War Against the Young

In the welfare states of the western world, young adults are the biggest losers. They…

Philip Hamburger
Columbia Law School

Chevron, Independent Judgment, and Systematic Bias

  The recent circuit court decision in Halbig v. Sebelius has exposed doubts about Chevron deference,…

From Prerogative to Administrative Power

My new book, Is Administrative Law Unlawful?, argues that administrative power revives prerogative power. This…

Extralegal Power

In 1887, when Woodrow Wilson was still a mere academic, he wrote an essay that…

Liberty Law Forum

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Freedom of Religion and the Freedom of the Church

It is widely accepted—in American law, in other countries’ laws, and in human-rights law generally—that “freedom of religion” is fundamental and that it should be protected, respected, and promoted. The Universal Declaration of Human Rights of 1948, for example, called on all political communities to “promote respect” for the right to religious freedom and to…

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Responses

Freedom of the Church Not Freedom of Religion

I have long benefitted from Professor Garnett’s work in the area of law and religion. Given the sometimes contentious climate in and out of the academy, it is worth highlighting the tone of his writing as well as its substance. Both are admirable. One of Professor Garnett’s core scholarly pursuits has been to argue for a…

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Negotiating the Freedom of the Church

One of the challenges in commenting on Rick Garnett’s essay is that I think his deeply thoughtful and measured analysis is basically right on target. If we are going to take individuals’ freedom of religion seriously, we need take into account the importance of their religious communities. Exactly what that means is, unfortunately, hard to…

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With Non-Interference Comes Responsibility

Richard Garnett’s Liberty Forum essay argues eloquently for the importance of institutional religious freedom in our system of government and our broader society. As Garnett writes, some form of institutional religious liberty, or “freedom of the church,” is an “old but still important idea.” It’s an idea, moreover, that in one form or another has…

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