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January 30, 2018|Advertising, bureaucrats, Competition, Jurisdictional Competition, Markets, perfect information, regulation, ride sharing

Competition Can Improve on Apparent Market Failure

by John O. McGinnis|1 Comment

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

January 30, 2018|Administrative Law, Auer, Chevron, Classical Liberalism, judicial deference, Separation of Powers, Skidmore

Enabling Congress to Control the Administrative State

by Mike Rappaport|2 Comments

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

January 30, 2018|anticommunism, Arthur Schlesinger, John F. Kennedy, Richard Aldous, The Imperial Historian

Schlesinger, Warts and All

by Ron Capshaw|Leave a Comment

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

January 30, 2018|Allen Ginsberg, Beat Poets, decline, Jack Kerouac, Oswald Spengler

The Beat Generation and The Decline of the West

by Mark Judge|1 Comment

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

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

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

January 29, 2018|moral judgment, President Donald Trump, psychology

Trump Should Be Assessed Politically, Not Psychologically

by Theodore Dalrymple|9 Comments

If Trump is to be disqualified from the presidency, it should be on the basis of moral rather than amateurish psychological grounds.

January 26, 2018|Diane Feinstein, Federalist Society, John Kennedy, Mazie Hirono, Nicholas Rosenkranz, Originalism, Ted Cruz

Originalism Needs an Adult Education Program

by John O. McGinnis|16 Comments

In the academic world, originalism has become the theory of constitutional interpretation to beat.

January 26, 2018|9/11, Godless, Mormonism, The Night of the Hunter, Western Civilization

Netflix Defends the West(ern)

by Molly Brigid McGrath|3 Comments

Amid all the celebration of Godless as a “feminist Western,” commenters have ignored its post-September 11, pro-Western theme.

January 25, 2018|Donald Trump, Double Standards, Israel, Palestinian refugees, United Nations

Defunding the Palestinian “Refugees”

by Mike Rappaport|4 Comments

In cutting by half the funding to Palestinian refugees, President Trump has made a significant action that other Republican Presidents did not.

January 25, 2018|Charles de Gaulle, Free Markets, Jacques Rueff, John Maynard Keynes, monetary policy

Jacques Rueff: Statesman of Finance and “l’anti-Keynes”

by Samuel Gregg|4 Comments

Rueff considered Keynes’s ideas to be counterproductive because they gave governments excuses to avoid responsibility
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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

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Archives

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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.

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