When Thomas Jefferson Read the Qur’an

Denise A. Spellberg, Associate Professor of history and Middle eastern Studies at the University of Texas at Austin, is the author of the highly regarded work, Politics, Gender, and the Islamic Past: The Legacy of 'A'isha Bint Abi Bakr.  She was involved in controversy in 2008, when she reviewed the galleys of a novel, The…

Reforming Regulation: Internal Constraints on Agencies

In three prior posts here, here, and here,  I have been exploring possible reforms that Congress could enact to constrain…

Washington’s Farewell Address and a Possible Nuclear Non-Proliferation Agreement with Iran

By the end of March, 2015, it is conceivable that the members of the United Nations Security Council and Germany,…

From the Blog

Mike Rappaport
University of San Diego School of Law

Reforming Regulation: Internal Constraints on Agencies

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

Reforming Regulation: Eliminating Chevron Deference and Constraining Guidances

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

Reforming Regulation: Nondelegation and the REINS Act.

In my last post, I wrote about how the Congress might be able to limit…

John O. McGinnis
Northwestern University School of Law

The Common Law Roots of the Duty of Clarity

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

The Judiciary Should Interpret, Not Construct, the Constitution

My recent paper, The Duty of Clarity, has substantial implications for an important current controversy…

Why Thayer is Clearly Mistaken about Judicial Restraint

James Bradley Thayer’s article on judicial review is one of the most renowned pieces of…

Michael S. Greve
George Mason School of Law

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…

Supreme Court to Administrative State: Enough is Enough

I’ve only flipped through the opinions in Perez v. Mortgage Bankers Association and Department of…

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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