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Courts to Obama: Stay, Just a Little While Longer

Professors Eric Posner and Adrian Vermeule have famously argued that the Executive is “unbound” and cannot be constrained by law—not by Congress, and most certainly not by the courts. There is some truth to this in emergencies. The Supreme Court’s wartime decisions, for instance, show a fairly consistent pattern: the justices bob and weave and…

Gratitude for Legal Traditions

The prospects for law and tradition are difficult to discern. This is in no small measure because the most frequent…

The Crisis of the New Order

Peggy Noonan recently suggested that “elites are often the last to see their system is under siege. ‘It couldn't be,…

From the Blog

Marc DeGirolami
St. John's University School of Law

Gratitude for Legal Traditions

The prospects for law and tradition are difficult to discern. This is in no small…

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…

John O. McGinnis
Northwestern University School of Law

Thatcher’s Tragic Flaws

Margaret Thatcher at Her Zenith: In London, Washington and Moscow not only celebrates Thatcher’s  many…

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…

Michael S. Greve
George Mason University School of Law

Courts to Obama: Stay, Just a Little While Longer

Professors Eric Posner and Adrian Vermeule have famously argued that the Executive is “unbound” and…

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…

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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