Articles tagged as Law and Liberty
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“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 […] -
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” […] -
“Lemon v. Kurtzman at 50” – Francis Beckwith in Law and Liberty
In an article at Law and Liberty, JWI Scholar Francis Beckwith traces the history and eventual demise of the Lemon Test created by Chief Justice Burger in Lemon v. Kurtzman on its 50th anniversary. The Court has inconsistently applied the Lemon Test for years, amending or ignoring its different prongs as it wishes. Lacking any […] -
“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 […] -
Justin Dyer: “Standing Against Falsehood” James Wilson Symposium
In 2021, JWI begins a collaborative partnership 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 the culture. Prof. Hadley Arkes opened our first symposium in February 2021 with “Letter to a […] -
“On the First Principles of Moral Reason”: Paul DeHart in Public Discourse
In an essay for Public Discourse, James Wilson Institute friend Prof. Paul DeHart continues his interaction with Prof. F.H. Buckley’s criticism of natural law reasoning. In an article for Law & Liberty, Prof. Buckley argued that “natural lawyers” fall victim to the “is-ought” problem pointed out by British skeptic David Hume – you cannot derive […] -
“Defending Religious Liberty Without the Constitution?”: Prof. Arkes in Law & Liberty
Last week the Supreme Court took a decisive step in striking down the so-called Blaine Laws, which barred the use of public funds in supporting religious activities, especially private religious schools. Professor Arkes argues that the Court, for a change over the last few weeks, managed to get something right. But in the ways of the […] -
“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 […]