Articles tagged as Jurisprudence
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The Imperative of a Boring Judiciary: Eric Dean Hageman ’16 in Law & Liberty
In an essay as part of our ongoing collaboration with Law & Liberty, Eric Hageman, James Wilson Fellowship Class of ’16, adds his analysis of the current legal and judicial landscape to the current discussion that has been sparked by “A Better Originalism.” Hageman agrees that the current legal culture is rife with the “sophistry” […] -
“In Defense of ‘A Better Originalism'” – Prof. Hadley Arkes in Law & Liberty
In an essay for Law & Liberty, James Wilson Institute Founder and Director Prof. Hadley Arkes defends JWI’s recent call in The American Mind for judges to adopt an “originalism of moral substance” against criticism by John Grove. Prof. Arkes argues that Grove misconstrues the nature of moral truths and their role in adjudication, which […] -
Fellowship Alumni Spotlight: David Dewhirst ’14
David Dewhirst, a 2014 James Wilson Fellow, is the current Solicitor General of Montana. He graduated from Regent University before obtaining his J.D. from George Washington University Law School, where he served as president of his Federalist Society Chapter. He has clerked for Judge Lawrence VanDyke of the Ninth Circuit and the U.S. Senate Judiciary […] -
“A Better Originalism” – Arkes and Snedeker in The American Mind
A new statement of purpose published in The American Mind, written by Prof. Hadley Arkes, Garrett Snedeker, Joshua Hammer, and Matthew Peterson calls upon conservatives to adopt an originalism of moral substance. The authors write: “We are faced with a moment of political crisis. The Biden administration seeks to fundamentally transform the United States by […] -
Professor Gerard V. Bradley: “The Constitution’s ‘Value Judgements'” – James Wilson Symposium
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 […] -
“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 […]