Remembrance of Things Past

How persistent is memory, politically speaking? Machiavelli argued that “the memory of ancient liberty,” possessed by republican peoples, is tenacious, presenting an obstacle for a ruler bent on tyrannizing those long used to self-government. In chapter 5 of The Prince, he counseled harsh measures like wiping out the entire population as the only sure mode…

The SEC and the Cascade of Evasions

A recent WSJ editorial, The SEC as Prosecutor and Judge, comments on the SEC’s hints that it will be shifting its…

Justice Scalia, Ordinary Meanings, and Legal Meanings

Mike Ramsey, Ilya Somin, and now Tim Sandefur have been having a debate over whether the original meaning of the…

From the Blog

Mike Rappaport
University of San Diego School of Law

Justice Scalia, Ordinary Meanings, and Legal Meanings

Mike Ramsey, Ilya Somin, and now Tim Sandefur have been having a debate over whether…

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…

John O. McGinnis
Northwestern University School of Law

Justice Sutherland’s Uncertain Trumpet

I still remember the thrill of reading Justice George Sutherland’s dissent in Home Building Loan…

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…

Philip Hamburger
Columbia Law School

The SEC and the Cascade of Evasions

A recent WSJ editorial, The SEC as Prosecutor and Judge, comments on the SEC’s hints that…

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…

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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