Archives for May 2018

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

Federalist 10 and the Chaos Theorem, Part II

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 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?

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.

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.

Archives for May 2018

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