Symposia
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“Recovering a Conservative State Legal Theory” — Jeffrey Bristol in Anchoring Truths and Law & Liberty
Responding to Holden Tanner and Jesse Merriam, Jeffrey Bristol argues that state courts limit themselves by adopting the same sort of originalism as federal courts–and that Erie, far from wrenching common law reasoning from the states, actually returned state courts to power. Some excerpts: “It may seem surprising to say that originalism ignores state power. […] -
“States, Courts, and Common-Good Conservatism” — Holden Tanner
Holden Tanner continues his dialogue with Josh Hammer and Jesse Merriam, arguing that to reform American jurisprudence conservatives need a new synthesis of the natural law tradition and the Antifederalist vision of state power. Some excerpts: “Hammer is correct that abstract human reason alone cannot restore conservative jurisprudence—careful attention to our history and traditions as […] -
“And All the Students Said, ‘Amen’” — Keisha Russell
Keisha Toni Russell, Counsel at First Liberty Institute, argues that young Americans learn to respect religious liberty–and individual rights more generally–when religion flourishes in public. Some excerpts: “In the early 1960s, the Supreme Court reviewed two cases involving voluntary school prayer and Bible reading. The cases, Engel v. Vitale (1962) and Abington Township School District v. Schempp (1963), contained […] -
“A Common Call to Prayer” — Gunnar Gundersen
Continuing our symposium on school prayer, JWI Affiliated Scholar Gunnar Gundersen argues that the Establishment Clause gives federal judges no right to restrict religious activity in American public education. By forbidding school prayer, judges have encouraged a culture of relativism. Some excerpts: “Until recently, community prayer was not only non-controversial, but considered a necessary element […] -
“Why State Courts Matter” — Jesse Merriam at Anchoring Truths and Law & Liberty
Jesse Merriam responds to Holden Tanner and Josh Hammer, arguing that state courts matter not merely because they strengthen conservative power in the federal courts, but because states are the most basic guardians of liberty. Some excerpts: “A successful socio-legal movement must engage within rather than push against the prevailing cultural norms. The NAACP, for […] -
“A Common Law Restoration Serves the Common Good” — Josh Hammer at Anchoring Truths and Law & Liberty
In a symposium in collaboration with Law & Liberty, Josh Hammer responds to Holden Tanner, arguing that conservative judges should look to the Preamble for natural law principles, rather than relying on the unmoored authority of human reason. Such a strategy would better promote common-good originalism in a post-Christian age. Some excerpts: Edmund Burke on […] -
“How to Recover Conservative Judging” — Holden Tanner at Anchoring Truths and Law & Liberty
Holden Tanner argues for a new method of fighting legal realism: Encourage state courts to pursue originalism and to develop their common law traditions from principles of natural law. Some excerpts: “By brandishing the centrality of text, conservative jurists sought to constrict the aggrandizement of the New Deal Court and weed out the inventions of […] -
“Redeeming the Constitution” – Bradley Rebeiro ’17 at Anchoring Truths and Law & Liberty
JWI Fellowship alumnus and associate professor of law at BYU Law School Bradley Rebeiro responded to Professor David Forte’s “Originalism and its Discontents” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Rebeiro utilizes the case study of slavery “to reconsider how we understand this tension between originalism and […] -
“Originalism and Its Discontents” — David Forte at Anchoring Truths and Law & Liberty
Senior JWI Scholar David Forte responds to the co-authored piece “A Better Originalism” at JWI’s online journal Anchoring Truths. In a symposium in collaboration with Law & Liberty, Forte defends the place of positive law in a “correct originalism.” Some excerpts from the piece: “The authors coronate a new form of originalism, a ‘better originalism,’ an ‘originalism […] -
“The Constitution’s ‘Value Judgements'” — Gerard V. Bradley at Anchoring Truths and Law & Liberty
JWI has launched a collaborative partnership for 2021 with the Liberty Fund’s online journal, Law & Liberty. Led by its Director, Richard Reinsch, Law & Liberty has become one of the premier journals on the right for writing on jurisprudence, politics, and culture. Prof. Hadley Arkes opened our first symposium in February 2021 with “Letter to a […]