Politics
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Free Speech, Ordinary People, and Ordinary Judgments: Hadley Arkes responds to Robert Miller
In defense of his recently published piece “Conservatives and Freedom of Speech,” Professor Arkes, writing in Public Discourse, carefully responds to Professor Robert Miller’s critique that even the most objectively offensive and harmful speech ought to be completely protected in order to safeguard against the tendency of legislatures to make errors of “false positives”. Professor Arkes […] -
JWI Audio: Joseph Tartakovsky’s “The Lives of the Constitution: Ten Exceptional Minds that Shaped America’s Supreme Law.”
On Friday, June 15th, JWI’s Deputy Director Garrett Snedeker and Intern Michael McCall shared a discussion with Joseph Tartakovsky, author of the new book The Lives of the Constitution: Ten Exceptional Minds that Shaped America’s Supreme Law (Encounter Books, 2018). Mr. Tartakovsky, a lawyer by trade, is currently the James Wilson Fellow in Constitutional Law […] -
“51 Imperfect Solutions: States and the Making of American Constitutional Law”–Judge Jeffrey Sutton at The Heritage Foundation
Judge Jeffrey Sutton of the Sixth Circuit Court of Appeals discussed his new book, “51 Imperfect Solutions: States and the Making of American Constitutional Law,” (Oxford University Press, 2018) at the Heritage Foundation on June 12, 2018. In the video below, the Judge provides a brief overview of his central thesis, and then talks about […] -
“Conservative Jurisprudence Resorts to Relativism”–Professor Hadley Arkes in First Things
Writing at First Things, Professor Arkes weighs in on the decision of the Supreme Court in Masterpiece Cakeshop. The majority opinion has been described as a “narrow” decision to vindicate a Colorado baker in his refusal to supply a wedding cake for a same-sex marriage ceremony. At stake were the defendant’s rights to free expression […] -
“Is Judicial Deference to Agency Fact-Finding Unlawful?” by Professor Evan Bernick ’15
JWI Fellow Alumnus Prof. Evan Bernick ’15, in the Georgetown Journal of Law & Public Policy, examines the sparsely addressed doctrine of judicial deference to agency fact-finding, in which the Administrative Procedure Act, as well as Supreme Court precedents, have created a standard of broad deference to an agency’s findings by holding that reviewing courts may only […] -
“The True Meaning of the Pentagon Papers”- Professor Hadley Arkes in City Journal
Writing in City Journal, Professor Hadley Arkes debunks the now-iconic narrative–championed most recently in Steven Spielberg’s film The Post–that the Pentagon Papers case (1971) presents a high-water mark for the Supreme Court’s jurisprudence concerning the First Amendment. The per curiam opinion of the Court vindicated the Washington Post’s right to publish classified government documents prior to an executive […] -
“Religious Totalitarianism, Secular Totalitarianism, and Other Threats to International Religious Freedom” & “Domestic Challenges to Religious Liberty—From Left and Right” by Professor Daniel Mark
In a two part piece at Public Discouse, JWI Affiliated Scholar Professor Daniel Mark discusses the threats and challenges that religious freedom faces internationally and domestically. In “Religious Totalitarianism, Secular Totalitarianism, and Other Threats to International Religious Freedom”, Mark comments on the differences between Religious Totalitarianism and Secular Totalitarianism and the effects it has on […] -
Interview with 2017 James Wilson Fellow: Tom Johnson
Tom Johnson was recently hired as a general counsel for the Federal Communications Commission (FCC). Previously, he was the Deputy Solicitor General for the State of West Virginia. He also practiced appellate and constitutional law and labor and employment law as Of Counsel at Gibson, Dunn & Crutcher LLP. Prior to working at Gibson Dunn, […] -
“Putting The ‘Big’ In Big Government” – Prof. Michael Uhlmann in The Claremont Review of Books
In a piece for the Claremont Review of Books, JWI Senior Scholar Prof. Michael Uhlmann reviews Prof. Joseph Postell’s Bureaucracy in America: The Administrative State’s Challenge to Constitutional Government. Prof. Uhlmann articulates the reasons for the intellectual, legal, and political development of the administrative state. Some Excerpts: “By allowing agency rules to have binding effect […] -
Does Gordon Giampietro Need a Defense?- Prof. Hadley Arkes in The Catholic Thing
Writing in The Catholic Thing, Professor Hadley Arkes defends Gordon Giampietro, a nominee for a federal district judgeship in Wisconsin in a piece titled “Does Gordon Giampietro Need a Defense?” A “controversy” was generated because of a supportive comment that Mr. Giampietro posted on a column written by Professor Arkes in The Catholic Thing four […]