Photo by David Burnett/Newsmakers

Waging the War of Ideas

Having written before in this space about venturesome Americans and their actions on the international stage, I am moved to return to the subject. Some new books—Karen Paget’s Patriotic Betrayal: The Inside Story of the CIA’s Secret Campaign to Enroll American Students in the Crusade Against Communism, Gregg Herken’s The Georgetown Set: Friends and Rivals…

Clawing Back the Right of Free Speech

Many say the Roberts Court has been exceptionally supportive of First Amendment principles. As Michael Toth ably details in his…

Shut up! They Said

Leading up to Justice Kennedy’s fateful 5-4 decision, there was plenty of debate on both sides, and the proponents of…

From the Blog

Mike Rappaport
University of San Diego School of Law

Departmentalism versus Judicial Supremacy – Part V: The Content of the Executive and Legislative Obligation to Follow Judicial Precedents

In this post, I want to draw together some of my earlier posts to explore…

It’s the Kennedy Court

There have been a number of recent reports on how and why the Supreme Court…

My Reactions to King v. Burwell

I am a strong opponent of Obamacare.  But once I realized that a decision in…

John O. McGinnis
Northwestern University School of Law

Progressivism, Purposivism, and Historical Contingency

For its lay audience City Journal asked me to explain the King v. Burwell decision,…

Uniting the Court’s Adherents of the Rule of Law

The story of this term has been a united block of the left on the…

The Incautious Justice Kennedy

While many have celebrated the result in Obergefell v. Hodges, fewer have praised the craftsmanship…

Mark Pulliam
Attorney

Shut up! They Said

Leading up to Justice Kennedy’s fateful 5-4 decision, there was plenty of debate on both…

Post-Modern Creative Destruction

My last post ended with a glancing reference to Joseph Schumpeter, and a teaser for…

Guardians of the New Class

Those of us who believe in the rule of law and limited government are understandably…

Liberty Law Forum

MADISON, WI - MARCH 12:  Thousands of demonstrators protest outside the Wisconsin State Capitol March 12, 2011 in Madison, Wisconsin. Organizers were expecting 200 thousand participants to attend the rally to voice their opposition to Governor Scott Walker public sector union reforms.  (Photo by Scott Olson/Getty Images)

Is It Curtains for Mandatory Public Sector Union Dues?

In America’s experiment with unionized government, 2005 was a watershed year. California was then in the second year of the Age of Arnold. Elected on a pledge to put the Golden State’s dysfunctional fiscal house in order, Governor Schwarzenegger terminated the car tax on his first day in office. In his first year, the Republican and…

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Responses

Clawing Back the Right of Free Speech

Many say the Roberts Court has been exceptionally supportive of First Amendment principles. As Michael Toth ably details in his Liberty Forum essay, these principles have been at issue in two recent cases, Knox v. SEIU Local 1000 (2012) and Harris v. Quinn (2014). Both dealt with public employee unions and both were decided in…

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