Articles tagged as Jurisprudence
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“Toward a New Jurisprudential Consensus: Common Good Originalism” – Josh Hammer in Public Discourse
In an essay for Public Discourse, JWI Affiliated Scholar Josh Hammer implores conservatives to embrace a new approach to originalism that emphasizes the common good. He argues that originalism has become entirely unmoored from conservatism rightly understood, particularly in light of Justice Gorsuch’s decision in Bostock v. Clayton County. It must be replaced by a […] -
LISTEN: Faith, Judges, and the Supreme Court – Prof. Hadley Arkes on the Bridge Builder Podcast
On January 17th, JWI founder and director Prof. Hadley Arkes joined Minnesota Catholic Conference’s Bridge Builder Podcast to offer insight into his faith and the state of conservative jurisprudence. He explores how originalist justices have avoided engaging with moral truths in cases concerning issues such as abortion and marriage, and critiques Justice Gorsuch’s reasoning in […] -
VIDEO: Courts and Legal Challenges in a Biden Administration
On January 13, 2021, Carrie Severino of the Judicial Crisis Network and Adam White of the Scalia School of Law at George Mason University joined JWI’s Garrett Snedeker for an interactive webinar on the regulatory agenda that the Biden administration will pursue, and how the courts are likely to weigh in. -
“The Enduring Scalia” — Prof. Hadley Arkes in The Catholic Thing
In another article for The Catholic Thing titled “The Enduring Scalia,” Prof. Hadley Arkes, founder and director of the James Wilson Institute, continues his critique of the “subjectivizing” of conscience and religious objection. He analyzes Justice Antonin Scalia’s famous opinion in Employment Division v. Smith (1990). Prof. Arkes defends Justice Scalia as inviting the Religious […] -
“Does the Right Dare Fight?” — Prof. Hadley Arkes in The American Mind
In a piece for The American Mind titled “Does the Right Dare Fight?” JWI Founder and Director Hadley Arkes builds on his previous critique of the Ahmari-French debate. Prof. Arkes first focuses on the reluctance of conservative lawyers to employ moral arguments in defense of the positions they hold. Prof. Arkes continues by offering several […] -
“Moral Relativism is our True Constitutional Enemy” – Professor Hadley Arkes in The American Mind
In an article for The American Mind titled “Moral Relativism is our True Constitutional Enemy,” JWI Founder & Director Hadley Arkes uses the debate between Sohrab Ahmari and David French at The Catholic University of America in Washington, D.C. to illustrate the drift into moral relativism in our jurisprudence. Prof. Arkes traces the roots of […] -
“The Take Care Act” — James Wilson Fellow Alumnus Joel Nolette ’18
In a piece for the Federalist Society titled “The Take Care Act”, Joel Nolette praises a new Senate bill aimed at curbing the growth of the administrative state. According to Nolette, the Supreme Court embraced wholesale the technocracy of the New Deal Left by stripping the President of removal power in its landmark Humphrey’s Executor […] -
AUDIO: “Slavery and Natural Law”–Prof. Justin Dyer on Liberty Watch Radio
JWI Affiliated Scholar Justin Dyer recently joined Charles Heller on Liberty Watch Radio to discuss the place of reasoning from the Natural Law in public life, and especially its relevance to the Supreme Court’s debates about the issue of slavery leading up to the Civil War. Professor Dyer fielded questions from callers as well as Mr. […] -
“Is Relativism the Best Constitutional Defense of Free Speech?” Richard Reinsch Interviews Hadley Arkes for LibertyLawTalk
Richard Reinsch, the editor of the Online Library of Law and Liberty and the host of LibertyLawTalk, interviewed Hadley Arkes to discuss his thoughts on the Supreme Court’s jurisprudence on issues of speech, as articulated in cases such as Chaplinsky v. New Hampshire (1942), Matal v. Tam (2016), and NIFLA v. Becerra (2018). Their discussion centered on the Court’s tendency […] -
“Conservatives And Freedom Of Speech” – Prof. Hadley Arkes in the Claremont Review of Books
Writing in the Claremont Review of Books, Prof. Hadley Arkes details the intellectual poverty of defending a notion of “free of speech” that denies any limiting principles on speech. The piece, “Conservatives and Freedom of Speech: Backing into Relativism?” is nicely described by Scott Johnson of PowerlineBlog: “Professor Arkes focuses on the philosophical ground on […]