President of France Francois Hollande attends The National Tribute to The Victims of The Paris Terrorist Attacks.  (Pascal Le Segretain/Getty Images)

The Rights and Duties of French Citizenship

Men squabble as much over symbols as over more tangible realities, and this in itself is a reality of the human condition. It is not surprising, then, that an amendment to the French constitution precipitately proposed by President Hollande in the wake of terrorist attacks in Paris on 13 November should have caused controversy, all…

(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…

The Larger Lessons of Increased Collaboration Among Law Professors

One of the most striking changes since I have been a law professor is the rise in the number of…

From the Blog

Marc DeGirolami
St. John's University School of Law

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…

Magna Carta’s Votaries, Skeptics, and Traditionalists

The octocentennial of Magna Carta has presented an auspicious occasion for reflecting on exactly what…

John O. McGinnis
Northwestern University School of Law

The Larger Lessons of Increased Collaboration Among Law Professors

One of the most striking changes since I have been a law professor is the…

The Political Dangers of Rising Political Correctness

When I was inducted into the academic honor society at the Phillips Exeter Academy, we…

The Unnatural State

The Economist reports that in five nations net transfers (private plus public) go from the…

Michael S. Greve
George Mason University School of Law

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…

Other People’s Money

In a very fine investigative article in the Washington Examiner, Sean Higgins reports on “Obama’s…

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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