Mired in Dysfunctional Federalism

It’s no fun being the skunk at the garden party, but amidst the widespread praise of Paul Ryan’s recently announced anti-poverty reforms it appears some criticism is overdue. To be clear, elements of Ryan’s overall plan possess great merit. The main idea of consolidating anti-poverty programs into one stream would seem to make it more accountable…

The End is Nigh

Teaching young people is getting harder. Every year, there is more they don’t know and more they are unready to…

A Focus Group on Originalism

These are the best of times and the worst of times for originalism. On the positive side, originalism has never…

From the Blog

Mike Rappaport
University of San Diego

The Invasion of Iraq: A Change in My Position

In a series of posts, I hope to explain why I made a mistake by…

Originalism and Positivism: The Problem of Interpretive Contestation

I have written various posts about originalism and positivism.  Perhaps the academic who has written…

Where are Special Interests When You Need Them? The Problem of Unwanted Phone Calls

One problem with the political decisions, including those in a democracy, is the importance of…

John O. McGinnis
Northwestern University

A Focus Group on Originalism

These are the best of times and the worst of times for originalism. On the…

A Star is Torn

In the Energy Star Program, the Energy Department rates energy-efficient and otherwise green appliances. The…

Eleven Propositions that Sum to Zero

Over the weekend Elizabeth Warren, the Senator from Massachusetts and a former professor at Harvard…

Steven D. Smith
University of San Diego

Democracy in Decline: The Book and the Blurb

This post is a book notice with a twist. The book is Democracy in Decline: Steps…

The Deflation of Rights

Print up a bunch of money, and the value of money is almost sure to decline.…

I Have a Dream–or Rather Had a Dream . . . about Griswold v. Connecticut

Dreams are surreal, of course, and often you wonder where in the world some dream…

Liberty Law Forum

corporatism

The Rise of Adversarial Corporatism

Timothy F. Geithner, former U.S. Secretary of the Treasury and savior of the free world,[1] has lamented the intractable paradox of financial crises: government must lend freely to actors who by all rights should bear the price of their own reckless conduct and be wiped out. The post-crisis years have been marked by a related…

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Responses

The New Cronyism of the Old Rent-Seeking State

Michael Greve’s essay vividly describes some deeply troubling trends in the relationship between the government and the economy. It provides a much needed perspective at a time when politics and policy-making are nothing if not adversarial, and more casual observers succumb to the temptation simply to choose sides without asking how we came to this…

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Does a Sophisticated Theory Miss the Facts?

Michael Greve introduces “adversarial corporatism,” a new conceptual lens through which to view the growing and contentious collaboration of industry and government. Adversarial corporatism takes the conventional story of crony capitalism and regulatory capture—a story appealing to critics on the left and the right alike—and adds a dose of a starker reality: the cooperation is…

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Adversarial Corporatism: Additional Thoughts

I am deeply grateful to Brian Mannix and to Peter Conti-Brown for their thoughtful, indeed profound comments on my “adversarial corporatism” post. I am equally grateful to Richard Reinsch and the Liberty Forum for hosting this exchange. To paraphrase the Boss, we learn more from three minutes on this blog than we ever learned in…

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