From the Rule of Law to the Triumph of the Will

  The arguments by which the Obama administration is countering lawsuits that seek to limit Obamacare subsidies to participants in “exchanges” established by states—a limit that is specified in the Obamacare law itself—have raised the outcome’s stakes. Administration officials argue that the plain, unmistakable, uncontested language of the Affordable Care Act (ACA) is less important than…

Martha Bayles Responds to “Instead, We Played Music”

It is gratifying to see such an appreciative review of my book Through a Screen Darkly from Robert Reilly, who…

Originalism and Positivism: The Problem of Interpretive Contestation

I have written various posts about originalism and positivism.  Perhaps the academic who has written the most about interpretive approaches…

From the Blog

Mike Rappaport
University of San Diego

Originalism and Positivism: The Problem of Interpretive Contestation

I have written various posts about originalism and positivism.  Perhaps the academic who has written…

Where are Special Interests When You Need Them? The Problem of Unwanted Phone Calls

One problem with the political decisions, including those in a democracy, is the importance of…

Collective Bargaining, the NBA Draft, and Superstars

I used to be interested in professional basketball back in the 1970s. In the last…

John O. McGinnis
Northwestern University

A Star is Torn

In the Energy Star Program, the Energy Department rates energy-efficient and otherwise green appliances. The…

Eleven Propositions that Sum to Zero

Over the weekend Elizabeth Warren, the Senator from Massachusetts and a former professor at Harvard…

Mutable ACLU v. Immovable Cato

The ACLU has modified over the last decade two important positions on civil liberties. Historically…

Steven D. Smith
University of San Diego

The Deflation of Rights

Print up a bunch of money, and the value of money is almost sure to decline.…

I Have a Dream–or Rather Had a Dream . . . about Griswold v. Connecticut

Dreams are surreal, of course, and often you wonder where in the world some dream…

Free-Floating Liberty?

In a previous post, I asked what may strike some readers as an obtuse question.…

Liberty Law Forum

corporatism

The Rise of Adversarial Corporatism

Timothy F. Geithner, former U.S. Secretary of the Treasury and savior of the free world,[1] has lamented the intractable paradox of financial crises: government must lend freely to actors who by all rights should bear the price of their own reckless conduct and be wiped out. The post-crisis years have been marked by a related…

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Responses

The New Cronyism of the Old Rent-Seeking State

Michael Greve’s essay vividly describes some deeply troubling trends in the relationship between the government and the economy. It provides a much needed perspective at a time when politics and policy-making are nothing if not adversarial, and more casual observers succumb to the temptation simply to choose sides without asking how we came to this…

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Does a Sophisticated Theory Miss the Facts?

Michael Greve introduces “adversarial corporatism,” a new conceptual lens through which to view the growing and contentious collaboration of industry and government. Adversarial corporatism takes the conventional story of crony capitalism and regulatory capture—a story appealing to critics on the left and the right alike—and adds a dose of a starker reality: the cooperation is…

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Adversarial Corporatism: Additional Thoughts

I am deeply grateful to Brian Mannix and to Peter Conti-Brown for their thoughtful, indeed profound comments on my “adversarial corporatism” post. I am equally grateful to Richard Reinsch and the Liberty Forum for hosting this exchange. To paraphrase the Boss, we learn more from three minutes on this blog than we ever learned in…

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