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May 16, 2016|Arthur Cecil Pigou, Civil Rights Act of 1964, LGBT non-discrimination, Ronald Coase

Thinking about Property Rights Can Solve This

by Patrick Lynch|5 Comments

The public debate in America over access to public restrooms by transgendered people has largely been dominated by vague claims for morality, justice and fairness. The situation was further complicated by the Justice Department’s decision to send a Mafioso-style letter to public school districts to adopt policies allowing transgendered individuals to use bathrooms of their choosing or lose federal funding. It’s a deal they shouldn’t refuse. 

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May 11, 2016|Civil Rights Act of 1964, Donald Trump, Governor Pat McCrory, Napoleon Bonaparte, Political Correctness, Transgenderism, Vanita Gupta

The Rise of Political Caesarism

by Greg Weiner|7 Comments

“The cause is in my will.”—Julius Caesar, Act II, Scene II 

We ought to have known it would come to this. Still, the latest assertion of presidential authority assumes a new and ominous form: the power not merely to assert authority outside the law—which can at least masquerade under the banner of Lockean prerogative—but rather to redefine words and, with them, the institution of law itself.

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April 19, 2016|Administrative State, Brown v. Board of Education, Civil Rights Act of 1875, Civil Rights Act of 1964, Civil Rights Cases of 1883, Congress, Executive Power, U.S. Supreme Court

Congress as the Guardian of Individual Rights: A Conversation with Louis Fisher

by Louis Fisher|Leave a Comment

This episode of Liberty Law Talk is a conversation with congressional scholar Louis Fisher on his recent book, Congress: Protecting Individual Rights. Fisher argues that contrary to popular belief, Congress, not the Court, has been the foremost champion in protecting the rights of racial minorities, children, Native Americans, and religious liberties.

July 2, 2015|Civil Rights Act of 1964, Discrimination, Obergefell v. Hodges

Elusive Discrimination

by Donald Devine|6 Comments

In what President Obama called its “thunderbolt” decision on same-sex marriage, the Supreme Court’s Obergefell v. Hodges judgement has put the matter of discrimination at the very top of America’s social agenda.

If there is one certainty in our country, it is that everyone opposes discrimination. But it is difficult to get a precise handle on what constitutes discrimination. While there is a vast literature on the subject, there is surprisingly little scholarly appetite for defining illegal discrimination.

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April 13, 2015|Civil Rights Act of 1964, Freedom of Association, Religious Freedom Restoration Act, Thomas Jefferson

The Confines of the New Moral Consensus

by Richard Samuelson|9 Comments

Riesige Gruppe Wartender, Patienten auf roten Stühlen

The bitter disputes sparked by Indiana’s version of the “Religious Freedom Restoration Act,” and the controversies that provoked the act, are the latest episode in our ongoing culture war. Its sources are twofold: the moral clash between what we call the “Left” and the “Right,” and the increasing scope of government.

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December 16, 2014|Civil Rights Act of 1964, Joseph de Maistre, Mark Steyn, Montesquieu

American Constitutionalism for a Country Without Americans

by F.H. Buckley|2 Comments

USA flag

Joseph de Maistre never met men in the abstract. Frenchmen, Italians, yes—but not “Man.” There were no universal principles of government, applicable to all men at all times, only governments suited to the different kinds of people in different countries.

Maistre was right, and to that extent, American conservatives are wrong if they think that their constitution is the perfection of human reason, a light unto the Gentiles. They’re especially wrong since the Constitution isn’t looking too good these days. One can love liberty and one can love America’s Constitution, but one can’t love both together without a thick set of blinders.

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Book Reviews

John C. Calhoun, Madisonian Manqué

by Thomas W. Merrill

His institutional innovations were geared toward preserving slavery.

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The Road to Iranian Democracy

by Luma Simms

The suppression of the Green Movement last time around widened the gulf between Iran's elite and its people.

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Podcasts

The Solid Ground of Mere Civility: A Conversation with Teresa Bejan

A discussion with Teresa M. Bejan

Teresa Bejan discusses with us how early modern debates over religious toleration are an example of how we can disagree well.

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Leading a Worthy Life in a Scattered Time: A Conversation with Leon Kass

A discussion with Leon Kass

Leon Kass discusses Leading a Worthy Life.

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Eric Voegelin Studies: A Conversation with Charles Embry

A discussion with Charles Embry

What did "Don't immanentize the eschaton!" really mean? An intro podcast on the formidable mind of Eric Voegelin.

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Republican Virtue, Interrupted: A Conversation with Frank Buckley

A discussion with F.H. Buckley

The real conflict in our politics centers on reforming massive levels of public corruption.

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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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