This Is Your Brain on Scientism

The problem with convening a March for Prudence is that the prudent—being otherwise occupied and believing public views should be mediated through representation—would never attend. But after the unbounded rhetoric of the March for Science, one wonders if prudence dictates, on this one occasion, marching after all. That is not to deny science—what with antibiotics and…

One Need Not Choose Between the Rule of Law and Constitutional Federalism

I am delighted to have had the opportunity to read Professor Grosby’s Liberty Forum essay and to be invited to…

A Debate over the Meaning and Perfection of Education in America

One of candidate Donald Trump’s biggest applause lines when campaigning was his promise to end the Common Core national K…

From the Blog

James R. Rogers
Texas A&M University

Focusing on Flat Incomes Obscures Fundamental Economic Changes

In General Sherman’s memoirs, he reports that in 1850 the U.S. Army reassigned him from…

Liberty, Licentiousness, and the Pursuit of Happiness

The Declaration of Independence famously affirms inalienable rights to life, liberty, and the pursuit of…

The Filibuster – Meh

Debates over government practices and processes in the U.S., like the Senate’s filibuster, typically come…

John O. McGinnis
Northwestern University School of Law

Google and Facebook Provide Innovations that Make Us More Equal

The New York Times publishes many silly opinion pieces on law and economics but a…

Diversity Policies Favoring Minorities and Women Create Less Ideological Diversity

Professors at law schools are overwhelming left-liberal, as I made clear in a 2005 study published…

A Tale of Two Nations and Economic Freedom

The New York Times ran two stories within two days about two very different nations.…

Mike Rappaport
University of San Diego School of Law

Historians and Originalists Part II: The Adequacy of Originalist Scholarship

In a prior post, I discussed some of the disagreements between historians and originalists.  I…

North Korea and the Qaddafi Double Cross

With the Trump Administration engaged in a soft conflict with North Korea, it is worth…

The Constitution, Liquidation, and Originalism

Richard Reinsch, editor of this site, has written an interesting piece entitled The Liquid Constitution. …

Liberty Law Forum

John Lilburne reading from Coke's Institutes at his trial for treason (c.1649).

Why Freedom Is a Legal Concept

The king will have a copy of the law written for him . . . It will remain with him and he will read it all his life . . . to observe faithfully all the words of the law. –Deuteronomy 17:18-19 You shall not render an unfair decision: do not favor the poor or show…

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Responses

The Rule of (Pluralistic) Laws

Steven Grosby’s rich Liberty Forum essay combines, as his writing always does, a sensitivity to history with a careful attention to theoretical problems. I am tempted to engage him on the terrain of history, in the hope of prompting still more from him on the Middle Ages; were I just a listener, that is what…

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The Rule of Law and the Rule of Reason

Steven Grosby’s essay is an excellent contribution on the formal and procedural elements that must be upheld to maintain the rule of law. Grosby’s essay, however, invites us to unpack what kind of “reason” is inherent in law and to ask what it means for law “to rule.” The 13th century theologian and philosopher Thomas…

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One Need Not Choose Between the Rule of Law and Constitutional Federalism

I am delighted to have had the opportunity to read Professor Grosby’s Liberty Forum essay and to be invited to comment on it. I am especially happy that Professor Grosby has focused on the rule of law as a legal concept, as opposed to arguing that it's a political or philosophical concept. For unlike much…

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