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Fishing for an Indictment

Reviewing the 2004 movie Fahrenheit 9/11, Michael Moore’s cinematic attack on George W. Bush and the War on Terror, the late Christopher Hitchens found that its message was all over the place. The movie supposedly revealed the unsavory true motive of the U.S.-led coalition’s invasion of Afghanistan: that the Americans wanted to establish an oil…

Antonin Scalia, Teaching about the Law

There is not very much written by Justice Antonin Scalia that has gone largely unnoticed. But thanks to Adam White…

Who Understands the European Project?

No result of an election or referendum in Britain during my lifetime has produced such an excess of rhetoric among…

From the Blog

Mike Rappaport
University of San Diego School of Law

Reflections on China

I recently visited China for the first time.  Here are some of my impressions. My main…

The Original Ghostbusters: A Free Market Gem

This summer there is a remake of the classic 1980s picture, Ghostbusters.  Much of the…

Hong Kong

Recently, I visited Hong Kong and China for the first time.  Traveling to Hong Kong…

John O. McGinnis
Northwestern University School of Law

Regulators, Hands Off the Autopilot!

Tesla provides an autopilot that allows its cars to drive themselves in certain circumstances. Recently,…

Progressivism Is a Long-Term Threat to the Rule of Law

Many people are concerned about Donald Trump’s commitment to the rule of law, a concern…

Why Religious Believers May Support an Irreligious Man

It has puzzled some that evangelicals and other religious people are supporting Donald Trump. He…

Michael S. Greve
George Mason University Law School

Hang in There, RBG: The Country Needs You

Like Mike Rappaport and much of the broader world, I’ve been baffled by Justice Ruth…

The Migrating Power of the Purse

Chris DeMuth, an occasional contributor to this site, and yours truly have penned an exploratory…

This Realm, This England

I sure hope the Brits vote “Leave” on June 23. That would be the first…

Liberty Law Forum

Illinois State Legislature

Extending Bankruptcy Law to States: Is It Constitutional?

Puerto Rico cannot pay its debts. A significant number of states—with Illinois leading the way—teeter on the brink of fiscal disaster. Expenditures exceed revenues; debt service is a rising percentage of budgets; pension liabilities are woefully underfunded; credit ratings plummet; time is running out. If these states were private corporations, and even if they were cities,…

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Responses

Sovereignty and Orderly Defaults

In his illuminating and timely Liberty Forum essay on the constitutional impediments to a state-level bankruptcy procedure, Michael McConnell emphasizes the importance of the sovereignty of the states in the framework of American federalism. Unlike Detroit and San Bernardino, and perhaps unlike Puerto Rico, the states are considered fully sovereign with respect to taxation, expenditures,…

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State Bankruptcy and the Federal Order

While a federal bankruptcy law for states might be a desirable policy, its constitutionality is doubtful. Now, I am not a constitutional lawyer and cannot speak to the details of United States case law, but I do study fiscal federalism in comparative context: its conditions, operations, and consequences. Accordingly, I will analyze how a federal…

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