Statue of Aristotle

Marco Rubio vs. Aristotle?

Aristotle, unfortunately, won’t be on the ballot. Marco Rubio’s form of dissing liberal education is probably more ridiculous than the more insistent and policy-driven efforts of Scott Walker, although Rubio, just as obviously, is much smarter than Walker. It’s reasonable to believe that Rubio and his supporters can be educated concerning how his ill-considered rhetoric aids…

Uber: I Have Seen the Future and It Works

Last weekend I was in NYC visiting family and friends, and I had the chance to use Uber for the…

Congress Incongruous — Response to Commentaries

I am grateful for the smart and informed commentaries on my Liberty Law Forum essay by John Samples, Gordon Lloyd,…

From the Blog

Mike Rappaport
University of San Diego School of Law

Uber: I Have Seen the Future and It Works

Last weekend I was in NYC visiting family and friends, and I had the chance…

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…

John O. McGinnis
Northwestern University School of Law

America’s Class Divide: Scribes v. Producers

The most comprehensive study of the ideology in the legal profession ever has just been published.…

The Iran Deal and the Weakness of Multilateralism

The Obama administration’s best argument for the Iran nuclear deal is also an argument against…

More American Exceptionalism: Less Dangerous Populists

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

Michael S. Greve
George Mason University School of Law

Regulatory Reform: A Brief Update

In last week’s post on the regulatory state I surmised that “a retrospective review of…

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…

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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Congress Incongruous — Response to Commentaries

I am grateful for the smart and informed commentaries on my Liberty Law Forum essay by John Samples, Gordon Lloyd, Michael M. Uhlmann, and those who posted shorter comments. They do not, I think, call for point-by-point author responses, but reading them altogether suggests that I should say a few words about the motivations and…

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