Law & Liberty

The Library of Law and 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. Law & Liberty 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 will present 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 June 27, 2017

Six Degrees of Jim Buchanan

It is a dicey business for scholars housed at academic institutions to embark on projects to influence public opinion and practical politics. That is one of the relentless premises of Nancy MacLean’s Democracy in Chains: The Deep History of the

Law & Liberty June 26, 2017

Why Trinity Lutheran is the Most Important Case of the 2016 Term

Trinity Lutheran v. Comer was the most important case of this Supreme Court term both because of its effects on educational policy and on the future character of the American polity.  There a six-member Court majority held that Missouri could

Law & Liberty June 26, 2017

Another Wrongful Conviction Case

There has been another exoneration of two wrongly convicted people.  I have blogged about these travesties of justice in the past.  Such wrongful convictions are just so very sad.  Innocent people lose decades of their lives and are treated as …

Law & Liberty June 26, 2017

Ending the Fed’s Permanent Inflation Policy

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The Federal Reserve Board seeks to maintain an inflation rate around two percent per year. While this rate might sound low for older types who remember double-digit inflation rates in the late 70s and early 80s, and a rate of

Law & Liberty June 23, 2017

On the Road

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Every year in early May, tens of thousands of people gather in Ocean City, Maryland, for Cruisin’ Ocean City, a weekend dedicated to vintage cars. For four days, Coastal Highway is jammed with classic Camaros, souped-up Corvettes, 1940s Fords,

Law & Liberty June 22, 2017

The American Bar Association Stifles Legal Education

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The Accrediting Council on Education in Journalism and Mass Communications is a nonprofit accrediting agency for journalism programs. Bradley Hamm, the dean at Northwestern’s Medill School of Journalism, has called the council’s accreditation-review process “flawed,” “superficial,” “extremely time-consuming,” and “sort

Law & Liberty June 21, 2017

The New Left’s Dangerous Old Antitrust Ideas

whole foods 1

The course of antitrust law in American history has proved a barometer of good governance.  In the New Deal, the Roosevelt administration lurched from one policy to another, united only by the injury they did to the economy.  Sometimes that

Law & Liberty June 21, 2017

Living Constitutionalism on the Supreme Court’s Website

Six years ago, I wrote a post about how the Supreme Court’s website adopted the language of the Living Constitution approach.  (I had been expanding on a post by Eugene Volokh.)  It was curious that Justices Scalia and Thomas, as …

Law & Liberty June 21, 2017

Return to Marbury

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The travel ban case is headed to the Supreme Court by way of the once redoubtable Fourth and always activist Ninth Circuits, leaving revisionists to wonder how it might have unfolded had it made its way upward through Judge William

Law & Liberty June 20, 2017

“A Glimpse of the Divinity”: What the Humanities Can Provide

Economist Douglass North in passing posits a theory of demand for government funding of education in his book The Economic Growth of the United States, 1790-1860. Investment in knowledge represents a deliberate decision by a society to divert resources from …