Higher Ed Bingo

The Office for Civil Rights (OCR) periodically sends “Dear Colleague” letters to higher ed leaders, suggesting ways in which their institutions might avoid running afoul of made-up civil rights requirements. Said leaders (presidents, provosts, etc) periodically send “Dear Faculty Colleague” letters, not to intimidate but to—actually, I don’t know what. I’ve cobbled together a letter from missives you can find on the internet (so it’s ferreal; only PCU is made up):

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Hillbilly Empathy

Old barn with a Mail Pouch Tobacco ad painted on in rural Ohio

Hillbilly Elegy is J.D. Vance’s raw, uncensored, personal history of his Scots-Irish family who struggled in Ohio after leaving their Kentucky home. Vance grew up amid domestic strife and a never-ending cycle of new stepfathers, his family weighed down by dwindling economic prospects and drug dependency. A Marine veteran who graduated from Ohio State and Yale Law, Vance considers his upbringing from the vantage point of a San Francisco investment firm, separated by space but not by emotion or memory—or accent. Fraught relationships continue to pull him back to his small-town Ohio roots, and convince him that the pat solutions of the Left and the Right are inadequate to the problems of America’s forgotten and left behind.

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Rise of the Libertarian Technocrats


Jason Brennan’s provocative new book, Against Democracy, divides people into three groups based on their orientation to politics: “Hobbits,” who are apathetic and ignorant; “Hooligans,” who are engaged but hopelessly biased, convinced that fans of other political teams are “stupid, evil, selfish, or at best, deeply misguided”; and “Vulcans,” who “think scientifically and rationally about politics” and whose “opinions are strongly grounded in social science and philosophy.”

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Uncle Sammy Knows Best

All American Boy

If Lenore Skenazy’s Free-Range Kids (2009) was the book that told parents it was okay to liberate their children from the overprotective parenting expectations of their generation, Abby Schachter’s new book may be the one that tells them to liberate themselves from overprotection by government.

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The Continuity of the Fourteenth Amendment with the Founding

At a splendid conference at the University of the South last weekend, the most important underlying theme turned out to be the question of the continuity of the 14th Amendment with the rest of the constitution. Some scholars—indeed most– argued that the Reconstruction Amendments represented a second founding and a radical break with the past.

In contrast, I believe that there is substantial continuity between these two essential parts of our charter of liberty.  The 14th Amendment advanced and opened to all the commercial republic that was at the heart of the original Constitution. By their secession and actions leading up to succession, the South showed that it recognized that commercial dynamism and freedoms of the original founding would doom slavery. The Civil War just accelerated the realization of guarantees that flowed from principles implicit in the original Constitution.

For instance, before the War Southern states tried to gag discussion of petitions on slavery on the House floor and banish criticism of the peculiar institution from the federal mails, in obvious violation of constitutional guarantees. Slavery supporters also burned down abolition newspapers.  They tried to ban books that argued that the wages of Southerners who did not own slaves were decreased by the institution of slavery.  As Michael Kent Curtis noted, these acts allowed the North to reframe the debate about slavery as one about established constitutional liberties and the freedom of labor generally.

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Liberalism, Populism, and the Politicization of Everything

As this post goes up I’m off to Germany, this time for some actual work. In cooperation with the Council on Public Policy (a German think tank run by my buddy Michael Zoeller), the GMU Law & Economics Center runs something called the Transatlantic Law Forum (TLF). We assemble legal scholars, judges, and lawyers from both sides of the pond and the blessed isle in-between to discuss serious, salient questions related to constitutionalism and the rule of law. Our conferences alternate between GMU’s Antonin Scalia Law School and Bucerius Law School in Hamburg (Germany’s only private law school, and therefore far and away the best). Last year’s event at ASLS, on “The Administrative State and its Law,” produced terrific essays that will appear in a forthcoming issue of the George Mason Law Review; I’ll blog them.

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Will Judges Debate the Layout of Shower Areas?

Paragraph Rechtsstreit

Aristotle teaches that justice is necessary where friendship has failed. His point is that the strictures of the law need only be imposed where ordinary, informal, face-to-face interactions collapse. Lawsuits—and, for that matter, laws—thus begin where comity and common sense end. That is worth keeping in mind as the first frontal constitutional challenge to the U.S. Department of Education’s attempt to impose a one-size-fits-all approach to transgender access to intimate facilities—bathrooms, locker rooms, and showers—works its way through the courts.

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Freedom, Unfreedom, and the Burkini

Illustration (vector) of islamic swimsuit on white background

You don’t choose your family, goes the old saying, but you do choose your friends. The same goes for quarrels: you choose when and where to have them, and what to have them about. Needless to say, friends and quarrels should be chosen with some care.

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Jackson Hole and Democracy

Janet Yellen, chair of the U.S. Federal Reserve, center, walks past a protester as she arrives for the Jackson Hole economic symposium, sponsored by the Kansas City Federal Reserve Bank: Bradly Boner/Bloomberg via Getty Images

There’s some historical elegance to the fact that the Fed’s annual symposium in Jackson Hole, Wyoming, is roughly as old as the modern Fed itself. The symposium, hosted by the Federal Reserve Bank of Kansas City, started in 1978.

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