risk and crisis - businessman below storm with umbrella

Risk, Liberty, and Drugs: A Response to Theodore Dalrymple

Theodore Dalrymple’s provocative four posts outlining a case against the legalization of drugs provide an interesting contrast to the contemporary momentum in the Western world today toward relaxing prohibitions on substances long deemed too dangerous for public consumption.  This is particularly true in the United States, where three states and the District of Columbia are…

Every Regime Gets the Lie It Deserves

On my European excursions I’ve made it a habit of flipping through newspapers from Germany, Britain, and the good old…

Rich Man, Poor Man: No Insults Allowed

A well-known religious figure is reported to have said: “For ye have the poor with you always.” This is even…

From the Blog

Mike Rappaport
University of San Diego School of Law

Certification Instead of Regulation

In the last couple of generations, regulation has exploded, with harmful effects on both our…

Our Supermajoritarian Constitution – Part II: The Republican Purpose of the Supermajority Rules of the Constitution

In my last post, I discussed how John McGinnis and I argue that the dominant…

Our Supermajoritarian Constitution – Part I: The Supermajoritarian Features of the Constitution

These days the main questions in constitutional theory involve questions of interpretation – in particular,…

John O. McGinnis
Northwestern University School of Law

More American Exceptionalism: Less Dangerous Populists

In both parties’ primaries a real populist is running, the kind of person many of…

In Defense of Scalia’s Style

Justice Antonin Scalia is criticized these days ostensibly not for the substance but for the…

The Liberty to Work under Tough Bosses

The New York Times has recently portrayed Amazon as a workplace somewhere between the first…

Michael S. Greve
George Mason University School of Law

Every Regime Gets the Lie It Deserves

On my European excursions I’ve made it a habit of flipping through newspapers from Germany,…

The Regulatory State: A Modest Reform Proposal

The Mercatus Center has just published a troubling snapshot analysis of the accumulation of regulatory…

Officer Removal, German-Style

Last week, Germany’s chief prosecutor—Generalbundesanwalt Harald Lange—got himself fired. It’s a big enough deal to…

Liberty Law Forum

grief

Congress Incongruous

In the late 1970s, I taught at the Kennedy School of Government and directed the “Harvard Faculty Project on Regulation.” Our group—professors of law, economics, political science, business, and public health—was part of the then-vibrant regulatory reform movement, which also had cells at Chicago and other universities and at the American Enterprise Institute and Brookings…

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Responses

Bucking Up the People’s Branch

We live still nominally under the Constitution of 1789 (as amended) but not under its republican government. The states are largely subordinated to the federal establishment. The people loathe the people’s branch, and in any case, Congress seems unwilling to make laws or to fight its corner in the balancing of powers. As Christopher DeMuth…

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Return to the Original Sources of the Separation of Powers

I want to begin this response with a series of questions and comments. When and why did America go wrong? Put slightly differently, when and why did America get derailed? Who or what did the derailing? And why is this derailment so much different, in kind and not simply degree, from every other perceived previous…

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Bring Back Institutional Jealousy

Christopher DeMuth has identified the primary ailment afflicting administrative law today: the absentee Congress. Two stories from the Wall Street Journal on the day I write (August 10, 2015) tell the tale. Page One has an article, “Industry, States Set to Fight EPA Rules,” describing planned legal challenges by a number states and interest groups against…

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