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Archives for May 2018

May 3, 2018|Federalist 10, Kenneth Arrow, Majority Rule, rational voter

Federalist 10 and the Chaos Theorem, Part II

by James R. Rogers|

Kryzhov/Shutterstock.com
Avoiding chaos isn't everything: policy stability or instability is less relevant than the content of policies that are stabilized or destabilized.

May 3, 2018|Alfie Evans, Consent of the Governed, National Health Service, Natural Rights, Self-Government

The Death of Alfie Evans, and the Death of Natural Rights

by Titus Techera|

Hundreds of people attended a balloon release and left tributes to Alfie Evans outside Alder Hey hospital in Liverpool, UK on Saturday, August 28, 2018 (Christopher Middleton/Alamy Stock Photos).
What happens when government places citizens in a radical conflict between love of family and the law.

May 2, 2018|ABA Accreditation, CUNY Law School, Josh Blackman, law schools, Mary Lu Bileks

Who Runs the Legal Academy?

by Mark Pulliam|

The lack of balance in the legal academy is a serious problem, and it's getting worse.

May 2, 2018|Administrative State, Federal Judiciary, Free Exercise Clause, Masterpiece Cakeshop, nones, Religious Freedom

The Powerful Headwinds Confronting Religious Freedom

by Mark L. Movsesian|

Cultural and political trends make the position of traditional believers increasingly precarious, and these trends inevitably manifest themselves in our law.

May 1, 2018|Dimaya, Gorsuch, Oil States Energy Services, Originalism, Public Rights, Thomas

Justice Thomas vs. Justice Gorsuch

by Mike Rappaport|

Seated from left, Associate Justice Ruth Bader Ginsburg, Associate Justice Anthony M. Kennedy, Chief Justice of the United States John G. Roberts, Associate Justice Clarence Thomas, and Associate Justice Stephen Breyer and Standing behind from left, Associate Justice Elena Kagan, Associate Justice Samuel Alito Jr., Associate Justice Sonia Sotomayor, and Associate Justice Neil Gorsuch. (Olivier Douliery/Pool via CNP /MediaPunch/Alamy.com)
The fact Justices Thomas and Gorsuch disagree is great development — not only for originalism but for constitutional law generally.

May 1, 2018|Federalist 10, Gordon Tullock, Kenneth Arrow, Rational Choice, Voting

Federalist 10 and the Chaos Theorem, Part I

by James R. Rogers|

Makasana Photo/Shutterstock.com
Rational choice theory might help explain why James Madison thought a little chaos could be good for democracy.

May 1, 2018|Academic Freedom, Higher Education, Keith Whittington, Speak Freely

Freedom and American Higher Education: A Conversation with Keith Whittington

by Keith Whittington|

Keith Whittington makes the case for academic freedom.

May 1, 2018|Cuba, International Court of Justice, International Criminal Court, International Law, Law of Nations, The Schooner Exchange, US Constitution

An Originalist Reading of the Law of Nations

by Robert J. Delahunty|

The Peace Palace, seat of the International Court of Justice, July 2017 (Ankor Light / Shutterstock.com)
How should we think about the relationship between the US Constitution and the law of nations?
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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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The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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