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Half a Worm

by A.E. Clark

Tim Cook leads the tech industry’s participation in assisting China’s internet surveillance of its own citizens.

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Two Very Wrong Perspectives on Masterpiece Cakeshop

by John O. McGinnis

Subordinating the speech rights of those in commerce to a social movement overlooks the core principle of free speech.

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Lee Oser’s Oregon Confetti and the Redemption of Portlandia

by Lee Oser

“I always resisted cheap political fixes and utopian rhetoric. I adore John Lennon but ‘Imagine’ is a dreadful embarrassment—like Auden’s poem, ‘Spain.'”

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From the Blog

December 6

Can We Balance 21st Century Prosperity and Pre-Modern Solidarity?

Increases in divisions of labor have produced material prosperity that would have beggared the minds of the ancients.

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December 1

Dynamic Markets versus Cohesive Community

Does the process of market creation fully price the cost of that creation?

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December 8

Two Very Wrong Perspectives on Masterpiece Cakeshop

Subordinating the speech rights of those in commerce to a social movement overlooks the core principle of free speech.

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December 5

We the Bureaucrats: Entrenching Left-Liberal Power Centers

Progressives aim to create centers of constitutionally protected power naturally inhabited by left-liberals and thus resistant to the vagaries of electoral control.

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December 7

The Original Meaning and the Carpenter Case: Establishing Joint Ownership of Customer Records

Striking an agreement with your cell phone company could increase privacy protections for your records.

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December 5

The Original Meaning and the Carpenter Case: Congress’s Protection of Customer Information

A new wrinkle on the protection of customer identification and cell phone records.

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Liberty Law Forum

What Is the Future of Conservatism?

by Samuel Goldman

In his 1936 essay “The Crack-Up,” F. Scott Fitzgerald proposed that “the test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function. One should, for example, be able to see that things are hopeless and yet be determined…

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Responses

Don’t Take the Benedict Option

by David B. Frisk

Professor Goldman begins his Liberty Forum essay by urging a striking, but probably unworkable, reconception of the fundamental divide in conservative ranks. Rather than “the familiar distinctions between libertarianism and traditionalism, neoconservatism and paleoconservatism,” he proposes, it’s a conflict between “liberalism and reaction.” Reaction—meaning reactionary politics such as Trumpism—is, according to Goldman, not easily compatible with…

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Creative Tension, Not Crack-Up

by John O. McGinnis

Samuel Goldman has written a bracing Liberty Forum essay suggesting that the Right side of the political spectrum is split, perhaps hopelessly and irrevocably, between classical liberalism and reaction. The roots of the divide are deep and enduring but what brings the problem into bold relief is our political moment and, above all, the rise…

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Freedom Might Well Flourish Even If Conservatives Don’t

by Matthew Mitchell

Samuel Goldman has written a wide-ranging and thought-provoking Liberty Forum essay on the current sorry state of American conservatism. This sorry state is especially sorry for those of us who, like Dr. Goldman, believe that classical liberalism is the best part of American conservatism. It is an assessment, he says in conclusion, which he hopes…

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Critiquing the Administrative State Is Natural

by Richard Samuelson

Samuel Goldman has made a stimulating contribution to our political discussions. “What is the Future of Conservatism?” is thoughtful and thought-provoking. In light of the feud between Never Trump conservatives and Trump-supporting conservatives, it is well worth pondering if Goldman is right that we are witnessing a conservative “crack up.” This concern is not new. He…

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Samuel Goldman Responds to His Critics

by Samuel Goldman

I am grateful to David B. Frisk, John O. McGinnis, Matthew Mitchell, and Richard Samuelson for their generous and thoughtful replies to my Liberty Forum essay. Speaking broadly, we agree that the American Right is in a bad way. We also think it would be a mistake to abandon classical liberal commitments to constitutional government,…

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Book Reviews

Enduring Losers of the English Reformation

by Eleanor Schneider
Eamon Duffy has written a corrective to standard accounts of the Reformation.

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The Future of Religious Freedom in America

by Matthew J. Franck
The justices who dissented in Obergefell saw this coming with admirable clarity.

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Podcasts

The Great Libertarian versus Conservative Debate: A Conversation with Nathan Schlueter and Nikolai Wenzel

A discussion with Nathan W. Schlueter

What principles really divide libertarians and conservatives?

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Music, Memory, and the Sound of Sacrifice: A Conversation with Mark Helprin

A discussion with Mark Helprin

Acclaimed novelist and foreign policy thinker Mark Helprin returns to Liberty Law Talk to discuss his most recent novel, Paris in the Present Tense.

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Can Congress Govern? A Conversation with David Mayhew

A discussion with David Mayhew

Distinguished congressional scholar David Mayhew discusses his latest book, The Imprint of Congress, on how Congress has balanced the presidency and legitimated our federal government…

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What's the Alt-Right? A Conversation with George Hawley

A discussion with George Hawley

George Hawley joins our discussion to talk about his new book, Making Sense of the Alt-Right. We talk about the Alt-Right's power—real and imagined—its political…

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About

Law and Liberty’s focus is on the content, status, and development of law in the context of republican and limited government and the ways that liberty and law and law and liberty mutually reinforce the other. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

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