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Archives for May 2018

May 31, 2018|AT&T Mobility v. Conception, Epic Systems Corp. v. Lewis, Erie Railroad v. Tompkins, Federal Arbitration Act, Lochner, Neil Gorsuch, Ruth Bader Ginsburg

An Epic Case, Its Not-So-Immaculate Concepcion, and a Few Thoughts on Conservative Jurisprudence

by Michael S. Greve|

U.S. Supreme Court (Travel Stock/Shutterstock.com).
In Epic Systems Corp. v. Lewis, the Federal Arbitration Act offered the court a second-best workaround to Erie's formless wasteland.

May 30, 2018|Common Law, Finding the Law, Formalism, Making Law, Stephen Sachs

Finding The Law

by Mike Rappaport|

Roman Motizov/Shutterstock.com
The common law understanding that what judges do is a matter of finding the law is enjoying a welcome return.

May 30, 2018|

Our Educational System: Should We Just Scrap It?

by Mary Clare Amselem|

(shutterstock.com)
Caplan’s proposal: Local and state governments should discontinue all funding of public education.

May 29, 2018|advisory rulings, Federalist 51, state constitutions

Some States Embrace an Advisory Role for Their High Courts

by James R. Rogers|

Texas Supreme Court
While the U.S. Supreme Court has declined to issue advisory rulings, some state courts embrace this power.

May 29, 2018|Adam Smith, Blaise Pascal, Friedrich Nietzsche, Nassim Nicholas Taleb, Ronald Coase, Skin in the Game

Skin in the Review: The Hidden Asymmetries of Taleb’s Skin in the Game

by James Bruce|

Nassim Nicholas Taleb speaks at Global Synergy Forum in Moscow, Russia, November 27, 2017 (Anton Gvozdikov/Shutterstock.com).
Nassim Nicholas Taleb offers a great deal of wisdom: it's unfortunate that it is obscured by painting with too broad a brush.

May 29, 2018|David French, Free Speech, Free-riding, NFL, sate action, Social Norms

The NFL Is Within Its Rights and Right

by John O. McGinnis|

Melinda Nagy/Adobe Stock
The First Amendment only protects us against the government, and that alone makes the NFL's case strong, but they're also correct to limit protest.

May 28, 2018|Eugene Sledge, With the Old Breed

With the Old Breed

by Richard M. Reinsch II|

 

I’ve been reading With the Old Breed, Eugene Sledge’s classic account of his experiences in the battles of Peleliu and Okinawa. Many have come to know his story from the successful 2010 HBO Series The Pacific that relied in part on his diary of these two battles. Sledge enlisted for the duration of the war +6 months in 1943 and, owing to his intelligence, was part of a military training program at Georgia Tech. There he could have earned his degree and joined the war effort in a highly skilled position of some kind, remote perhaps from actual fighting. However, he withdrew from the program, as many of his fellow classmates did, and joined the Marines to fight as a rifleman. And so he did.  The narrative “Sledgehammer” provides is compelling, horrific, and fascinating.

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May 28, 2018|Bohemian Tory, Declinism, Edmund Burke, Ray Bradbury, Russell Kirk, T.S. Eliot

Sword of the Romantic Imagination: Kirk and Bradbury

by Lauren Weiner|

A vision of the Gothic, dieKleinert (alamy.com)
Two American authors who used the grotesque to re-enchant the world.

May 25, 2018|Administrative Adjudication, Due Process, Originalism

Administrative Adjudication as a Violation of Due Process

by Mike Rappaport|

BCFC/Shutterstock.com
Due process requires that every person have their day in court, and because of this a central pillar of the administrative state might be unconstitutional.

May 25, 2018|American Rule, Loser pays, Tocqueville

The “American Rule”: The Rise of the Lawyer Class: Part II

by Mark Pulliam|

Tocqueville’s hopeful vision of the legal profession was naïve. 
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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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