• About
  • Contact
  • Staff

Law & Liberty

A Project of Liberty Fund

  • Home
  • Blog
  • Liberty Law Forum
  • Podcasts
  • Book Reviews

James R. Rogers Subscribe

James Rogers is associate professor of political science at Texas A&M University, and is a fellow with the Institute for Science, Technology and Public Policy at the Bush School of Government and Public Service. He also served as editor of the Journal of Theoretical Politics from 2006 through 2013.

January 29, 2018|Federalist 10, heightened judicial review, Self-Interest, United States v. Carolene Products Co

Crony Capitalism and the Trouble with Heightened Judicial Review

by James R. Rogers|2 Comments

U.S. Supreme Court. Orhan Cam/Shutterstock.com
Heightened judicial review of economic life can't be justified if the judiciary avoids treating government action the same way.

January 23, 2018|Amazon, business, intergovernmental competition

When Governments Compete for Business, Do We All Win?

by James R. Rogers|3 Comments

daytime view of the Amazon world headquarters campus featuring the Spheres terrarium globes located in downtown Seattle circa August 2017. Shutterstock.com
For the most part, government competition for business is good, but we should consider whether the Amazon HQ2 competition distorts the market.

January 22, 2018|"absolutely clear" standard, honest reading, legislative intent, Originalism, scrivener's error

Overcoming Objections to Honest Originalism

by James R. Rogers|2 Comments

The need to correct errors or interpret technical language doesn't impede honest reading - originalism actually requires we do both.

January 17, 2018|Common Sense, Constitutionalism, ethical reading, Honesty, Keith Whittington, Originalism

The Ethical Mandate for Originalism

by James R. Rogers|3 Comments

Keith Whittington speaks at Texas A&M. Department of Political Science, Texas A&M/Alexander Hamilton Institute.
Originalism is the way we all want to be read, so why doesn't it have more adherents?

January 15, 2018|Bolling v. Sharpe, Brown v. Board, Fourteenth Amendment, Justice John Harlan II, Plessy v. Ferguson, race, Supreme Court

The Many Confusions of Brown v. Board

by James R. Rogers|4 Comments

Central High School, Little Rock, AR, where National Guardsmen escorted students to integrated classrooms.
Brown v. Board is one of the most important decisions of the 20th century, but it rests on deeply confused logic.

January 10, 2018|Antonin Scalia, Bolling v. Sharpe, Brown v. Board, Edwin Meese, expected application, Fourteenth Amendment, Original Intent, Originalism, textualism

Why Scalia’s Originalism Trumps “Original Intent”

by James R. Rogers|78 Comments

Textual originalists can disregard original intent - and that's a good thing.

January 8, 2018|Administrative State, Congress, Deference, Federalist 51, George Lovell, legislature, Madison

Why Congress Cedes Power to the Administrative State

by James R. Rogers|3 Comments

Our bureaucracy seems to move further and further from legislative accountability, but what explains this?

January 4, 2018|church, Evangelicals, Fundamentalism, G.K. Chesterton, nones, religious identity, Ross Douthat

Evangelicals and the Challenge of Moral Education

by James R. Rogers|11 Comments

In many senses the Evangelical movement has been wildly successful, but today's churches face an unexpected challenge in moral education.

December 27, 2017|"America First", China, globalism, The Rise and Fall of Great Powers

America’s Obvious Decline in Power

by James R. Rogers|6 Comments

Chinese Navy's South Sea Fleet

Paul Kennedy’s 1987 book, The Rise and Fall of Great Powers, caused quite a stir at the time, predicting the relative fall in power of the United States.

Read More

December 20, 2017|Conservatism, free trade, globalism, Immigration

Understanding the Conservative Split Over Globalization

by James R. Rogers|4 Comments

Globalization and its impact on America divides the political right. What do I mean by globalization?

Read More

  • 1
  • 2
  • 3
  • …
  • 9
  • Next Page »

Book Reviews

Socrates on Courage, Self-Sacrifice, and the Divine

by Ariel Helfer

Robert Bartlett brings to life Plato’s juxtaposition of Socrates and Protagoras, who may have been Socrates' most impressive opponent.

Read More

J.Q. Adams, Diarist

by Diana Schaub

He saw “the hideous reality of the slave ascendency in the Government of this Union" and set about resisting it.

Read More

Podcasts

Debating the Thorniest Issues: A Conversation with Peter Schuck

A discussion with Peter H. Schuck

Debating Poverty, Immigration, Racial Preferences, Campaign Finance, and Religious Freedom with Peter Schuck, author of One Nation Undecided.

Read More

Walker Percy in the Ruins: A Conversation with Brian Smith

A discussion with Brian A. Smith

Why we need Walker Percy's diagnosis of what ails the contemporary soul.

Read More

Luther's Rebellion: A Conversation with Brad Gregory

A discussion with Brad S. Gregory

Martin Luther launched a religious revolution that shaped the modern world in ways that he never intended.

Read More

The Great Libertarian versus Conservative Debate: A Conversation with Nathan Schlueter and Nikolai Wenzel

A discussion with Nathan W. Schlueter

What principles really divide libertarians and conservatives?

Read More

Recent Posts

  • Competition Can Improve on Apparent Market Failure

    Imperfect markets don't mean that regulation is the answer; competition often does a better job than bureaucracy at improving outcomes.
    by John O. McGinnis

  • Enabling Congress to Control the Administrative State

    Moderating the power of the administrative state means giving power back to Congress and eliminating judicial deference.
    by Mike Rappaport

  • Schlesinger, Warts and All

    The relationship of the President and his aide was one of frustration on Schlesinger’s side and irritation on Kennedy’s.
    by Ron Capshaw

  • The Beat Generation and The Decline of the West

    Critics often claim the Beat Generation had no coherent philosophy other than freedom, but this misses their complex thoughts on religion and social decline.
    by Mark Judge

  • Crony Capitalism and the Trouble with Heightened Judicial Review

    Heightened judicial review of economic life can't be justified if the judiciary avoids treating government action the same way.
    by James R. Rogers

Blogroll

  • Acton PowerBlog
  • Cafe Hayek
  • Cato@Liberty
  • Claremont
  • Congress Shall Make No Law
  • EconLog
  • Fed Soc Blog
  • First Things
  • Hoover
  • ISI First Principles Journal
  • Legal Theory Blog
  • Marginal Revolution
  • Pacific Legal Liberty Blog
  • Point of Law
  • Power Line
  • Professor Bainbridge
  • Ricochet
  • Right Reason
  • Spengler
  • The American
  • The Beacon Blog
  • The Foundry
  • The Originalism Blog
  • The Public Discourse
  • University Bookman
  • Via Meadia
  • Volokh

Archives

  • All Posts & Publications
  • Book Reviews
  • Liberty Forum
  • Liberty Law Blog
  • Liberty Law Talk

About

Law and Liberty’s focus is on the content, status, and development of law in the context of republican and limited government and the ways that liberty and law and law and liberty mutually reinforce the other. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law and Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

  • Home
  • About
  • Staff
  • Contact
  • Archive

Apple App Store
Google Play Store

© 2018 Liberty Fund, Inc.

Subscribe
Get Law and Liberty's latest content delivered to you daily
  • This field is for validation purposes and should be left unchanged.
No thanks