Puppet on a string

Can Behavioral Economics Justify the Unbound Regulator?

“You must be the best judge of your own happiness.” Jane Austen said that, in Emma, but the statement is also a keystone principle of modern microeconomic theory, and it provides the epistemic foundation that makes benefit-cost analysis possible.  The only way to know people’s preferences is observe the choices that they themselves freely make; all…

Lame Duck Lawmaking and Rulemaking

I have long thought that lame duck lawmaking is an outrageous and illegitimate practice.  Lame duck lawmaking occurs in two…

Renew The Struggle for Colorblindness

The classical liberal strand in Western political philosophy has historically opposed special government privileges for groups and prized equality before…

From the Blog

Kevin Walsh
University of Richmond School of Law

Are You My Constitutional Law?

One of the questions I had when I became a professor of law was “What…

The Falsifiable Justice Kennedy

The Green Bag’s most recent Micro-Symposium is worth checking out. My favorite piece is Jonathan Mermin’s…

John O. McGinnis
Northwestern University School of Law

Renew The Struggle for Colorblindness

The classical liberal strand in Western political philosophy has historically opposed special government privileges for…

Trump versus The Bureaucracy

After President-Elect Trump announced that he would separate himself from his business, the tweeter feed…

Trump’s First Achievement: Making Obama Not Great

One way of understanding American history is as a struggle between consequential Presidents who expand…

Mike Rappaport
University of San Diego School of Law

Lame Duck Lawmaking and Rulemaking

I have long thought that lame duck lawmaking is an outrageous and illegitimate practice.  Lame…

Mad Dog Mattis, the 7 Year Delay Provision, and the Appointments Clause

President Elect Donald Trump has announced that he will be nominating James “Mad Dog” Mattis…

What Can Happen in a Month

I took a break from blogging a month ago, and the world has changed tremendously. …

Liberty Law Forum

A statue of Thomas Jefferson includes this figure holding a tablet bearing several names that different belief systems have for a higher power, titled “Religious Freedom, 1786.”

Freedom of, Freedom for, and Freedom from Religion: The Contested Character of Religious Freedom in America

Americans are discussing the topic of “religious freedom” quite a lot these days, which might give us the impression that religious freedom is one fixed thing. Or perhaps some would say it used to be one thing but has become something else since the time of the Founding. This Liberty Forum essay will argue that…

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Responses

Religious Liberty After John Locke

The central point of Michael Zuckert’s Liberty Forum essay is that contemporary disputes about religious liberty should not come as a surprise, since they are the result of three contrary, though sometimes overlapping, understandings of religious liberty that have been found in the body politic in differing degrees since the American Founding. He classifies these…

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The Paradox of Jefferson’s “Establishment of Religious Liberty” and the Problem of the Administrative State

Michael Zuckert’s Liberty Forum essay is a great introduction to religious liberty as it is discussed in America today, and provides a useful analytical framework to understand the tensions and controversies we face with regard to religious liberty, and perhaps liberty more generally. He strikes me as on the mark in his conclusion that religious…

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Religious Freedom Can Now Mean Only: Freedom for Religion

Michael Zuckert’s Liberty Forum essay does an excellent job of bringing to light ambiguities and tensions that have always been present in the notion of religious freedom. He is certainly right that there is no Pure Theory of Religious Freedom, which, if only we can grasp it and make it universally accepted, would resolve all…

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Michael Zuckert Responds to His Critics

The first two responses to my Liberty Forum essay illustrate well that political theory is (still) not an exact science. Francis Beckwith finds my “religious liberty taxonomy” to be “largely correct . . . as an account of the history of America’s church/state jurisprudence,” but he doubts that my classification is as adequate for understanding…

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