Generals of Regulation

Over the past few years, state attorneys general have brought dozens of lawsuits challenging the Obama Administration’s regulatory initiatives. In addition to leading constitutional challenges to the Affordable Care Act, AGs have sued to block new environmental regulations, implementation of the Dodd-Frank financial law, and a host of other federal policies. For those concerned about…

Public Union Power: A Conversation with Daniel DiSalvo

FDR observed that “The process of collective bargaining . . . cannot be transplanted into the public service.” What does…

Con “Law” Theory, New Haven-Style

Yale law professor Heather K. Gerken is among the country’s most prolific and creative federalism scholars. In cooperation with two…

From the Blog

Mike Rappaport
University of San Diego School of Law

Reforming Regulation: Article III Administrative Judges and More Radical Changes

In my last several posts (see here for links), I have written about the possibility…

Federalist Society Panel on Sexual Assault on Campus

This panel is a great summary of the various positions on the sexual assault issue. …

Reforming Regulation: Internal Constraints on Agencies

In three prior posts here, here, and here,  I have been exploring possible reforms that…

John O. McGinnis
Northwestern University School of Law

An Active, But not an Activist, Judiciary

The judiciary should strike down only laws that clearly violate the meaning of Constitution. For…

The Most Influential Legal Organization

The Federalist Society is the most important civic organization formed in the last forty years.…

The Common Law Roots of the Duty of Clarity

In his brilliant book The Ideological Origins of the American Revolution Bernard Bailyn wrote:…

Michael S. Greve
George Mason School of Law

Con “Law” Theory, New Haven-Style

Yale law professor Heather K. Gerken is among the country’s most prolific and creative federalism…

Elizabeth Warren’s World, and Mine

Some time ago in these pages I’ve expressed my grudging admiration for my native country’s…

No to Common Core, Yes to State Competition in Education

There’s been some good writing on Common Core—e.g. by Richard Reinsch on this site and…

Liberty Law Forum

Moynihan

Evaluating the Moynihan Report on the Negro Family 50 Years Later

A half-century after its publication, the Moynihan Report—The Negro Family: The Case for National Action—endures. It does so for many reasons, its prescience and courage chief among them. But the Report is more than a faithful contemporaneous portrait, and deeper than an accurate projection. It is a political document in the noble sense, reflecting searching…

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Responses

Two Cheers for the Moynihan Report . . . Or One

Knowing what we know today about family breakdown among Americans and across the modern industrialized world, it seems that Daniel Patrick Moynihan’s The Negro Family: The Case for National Action mistakes the particular for the general and might reflect a misunderstanding of the decline of the family. Moynihan’s 1965 Report emphasizes the ways in which…

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From Moynihan to Murphy Brown

If there is one thing Pat Moynihan taught us, it is that talking about the family can be fraught with peril. Published at a time when nearly one in four African American children was born outside of marriage—seven times the rate for whites (see Figure 1)—the Moynihan Report gave a “faithful contemporaneous portrait” as Greg…

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Owning the American Past

One of the advantages of looking at The Negro Family: The Case for National Action after 50 years is perspective. Perspective is a form of knowledge that allows us to see from a different vantage point and to bring new information to bear on a problem. In responding to Greg Weiner’s essay, I bring the…

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The Moynihan Report at 50: Greg Weiner Replies

In assessing the Moynihan Report at 50, I have the privilege of far more thoughtful interlocutors than Daniel Patrick Moynihan—who was subjected to a digest of calumnies for the rest of his life—enjoyed on the original product. I am grateful to Scott Yenor, Robin Fretwell Wilson and Susan Love Brown for their thoughtful commentaries. Yenor…

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Fools Rush In?

Don’t get into theological arguments with Masters of Divinity, and don’t argue Daniel Patrick Moynihan with his most astute intellectual biographer! That is a good rule of prudence, but fools rush in . . . sometimes. Moynihan is mostly known in conservative circles for his emphasis on the limits of social policy, and my question concerns…

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