Law & Liberty

Law & Liberty focuses on the content, status, and development of law in the context of republican and limited government and the ways in which liberty and law mutually reinforce each other.

Law & Liberty brings together serious debate, commentary, essays, blog posts, podcast episodes, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. The site considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

Blog

The blog features timely commentary by John McGinnis, Mike Rappaport, and James Rogers and a host of other contributors on constitutional, legal, and policy issues.

Forum

The forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free government and a free people. Recognizing that there is no shortage of online venues for evaluating legal questions, the forum's distinction rests in its examination of the basic principles of a constitutional republican order and its focus on the elements of freedom that must exist in a society dedicated to liberty and responsibility. The forum aims to uncover the genesis of central legal ideas that produced our unique heritage of Western liberty but are now misunderstood due to ideological confusion.

Every month, the forum presents an essay on a major topic by a leading thinker. This first essay’s ideas will then be considered and tested by two other participants in each exchange. The ideas discussed and debated in this space are not the sole preserve of experts, however. The hope is that each topic, and the ideas animating and surrounding it, will emerge into full view for the reader, permitting a new and refined understanding of the ideas discussed. These ideas are open to all: They are the personal and collective wisdom of any society devoted to the noblest ideas of the Western legal and political philosophical tradition.

Podcast

The podcast features interviews with leading academics and writers on new books, articles, and contemporary subjects.

Book Reviews

This section contains reviews of significant new books in law, history, policy, and politics.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty December 8, 2017

Two Very Wrong Perspectives on Masterpiece Cakeshop

Subordinating the speech rights of those in commerce to a social movement overlooks the core principle of free speech.

Law & Liberty December 8, 2017

Lee Oser’s Oregon Confetti and the Redemption of Portlandia

"I always resisted cheap political fixes and utopian rhetoric. I adore John Lennon but 'Imagine' is a dreadful embarrassment—like Auden’s poem, 'Spain.'"

Law & Liberty December 7, 2017

The Original Meaning and the Carpenter Case: Establishing Joint Ownership of Customer Records

Striking an agreement with your cell phone company could increase privacy protections for your records.

Law & Liberty December 7, 2017

Phillips Likely to Win Masterpiece Cakeshop Case, Five Votes to Four

In no reasonable sense does Colorado have a compelling interest in requiring this baker to engage in speech to which he has religious objections.

Law & Liberty December 6, 2017

After Mugabe

Zimbabwe's possibilities include rejecting both the bad legacies of colonialism and Mugabe's authoritarian rule.

Law & Liberty December 6, 2017

Can We Balance 21st Century Prosperity and Pre-Modern Solidarity?

Increases in divisions of labor have produced material prosperity that would also have beggared the minds of the ancients.

Law & Liberty December 6, 2017

#Resistance and the Crisis of Authority in American Politics

Prevalent among political actors of all stripes today is a worrisome tendency to dismiss the Constitution’s constraints when those constraints run counter to a desired outcome.

Law & Liberty December 5, 2017

The Original Meaning and the Carpenter Case: Congress’s Protection of Customer Information

A new wrinkle on the protection of customer identification and cell phone records.

Law & Liberty December 5, 2017

Tradition and Going Topless

This self-evident interest in promoting traditional norms justified different public nudity standards for women and men, concluded Judge Sykes.

Law & Liberty December 5, 2017

We the Bureaucrats: Entrenching Left-Liberal Power Centers

Progressives aim to create centers of constitutionally protected power naturally inhabited by left-liberals and thus resistant to the vagaries of electoral control.