Scalia-1993

Antonin Scalia– A Giant of Jurisprudence

Justice Scalia is one of the few jurists who vindicate Carlyle’s great man theory of history. Because he brought three large and different talents to the Court, he changed the course of its jurisprudence. He had the intellect to fashion theories of interpretation, the pen to make them widely known, and the ebullience to make…

An Administrative Fairy Tale

Most everyone is familiar with the Hans Christian Andersen tale in which only a child is willing to pronounce what…

Higher Education Emulates the National Football League

The “Rooney Rule” is the latest debasement of academia. The controversial halftime show at Super Bowl 50 demonstrated–if any proof was…

From the Blog

Marc DeGirolami
St. John's University School of Law

Gratitude for Legal Traditions

The prospects for law and tradition are difficult to discern. This is in no small…

Comparing Traditionalism and Originalism II

In my last post, I explored the interpretive method of the majority opinion in Town…

Comparing Traditionalism and Originalism

In my first post of this series on law and tradition, I said that though…

John O. McGinnis
Northwestern University School of Law

Antonin Scalia– A Giant of Jurisprudence

Justice Scalia is one of the few jurists who vindicate Carlyle’s great man theory of…

Death as the Final Frontier Between Conservatism and Classical Liberalism

The tension between conservatism and classical liberalism began with the Enlightenment's insistence  on the freedom…

Thatcher’s Tragic Flaws

Margaret Thatcher at Her Zenith: In London, Washington and Moscow not only celebrates Thatcher’s  many…

Michael S. Greve
George Mason University School of Law

Courts to Obama: Stay, Just a Little While Longer

Professors Eric Posner and Adrian Vermeule have famously argued that the Executive is “unbound” and…

Judicial Review: Birth of a Notion

The members of the U.S. Supreme Court have different ideas about what constitutes good judicial…

Clean Power, Dirty Hands

The brawl over the Obama EPA’s “clean power” plan—an ambitious design to de-fossilize the entire…

Liberty Law Forum

Wooden Judges Gavel And Old Law Books On Wooden Background

A Modest Proposal for Reforming the Administrative State

The problem of administrative government in the United States is well known to the readers of Law and Liberty. Congress delegates broad legislative power to agencies, sacrificing something of our republican character. An agency thus exercises not only executive power as part of that department of government, but also legislative power delegated to it by…

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Responses

(Incrementally) Toward a More Libertarian Bureaucracy

The ambitious proposal reconsidering the foundations of the modern regulatory state that Ilan Wurman outlines in his thoughtful Liberty Forum essay is not an outlier. There seems to be a growing call—primarily among conservatives and libertarians—to return to first principles and rein in the administrative state. And I’m not just referring to Philip Hamburger’s condemnation…

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An Administrative Fairy Tale

Most everyone is familiar with the Hans Christian Andersen tale in which only a child is willing to pronounce what everyone knows: The emperor’s clothes are no clothes at all. As the emperor marches through town, he is as naked as the day he was born. His magnificent new outfit is a fiction, but a…

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