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Month: February 2012

Five questions for legal positivists…

February 22, 2012Tim Kowal 85 Comments

I’ve enjoyed our recent discussions on the nature of rights and laws, as they’ve gotten me considering old topics in a new light.  New wine in old skins, or old wine in new skins, something like that.  (Does that metaphor… Continue Reading →

Constitutional Law natural law, positive law

Virginia’s “Foolish” Personhood Law? A look under the hood

February 20, 2012Tom Van Dyke 26 Comments

Via LoOG regular Mr. Gregniak: Virginia’s House of Delegates has just passed a fetal personhood law. Virginia’s Foolish Personhood Law DOUG MATACONIS · SUNDAY, FEBRUARY 19, 2012 · Virginia’s legislature was very busy last week. Not only did they pass… Continue Reading →

Abortion, Constitutional Law, Morality personhood, Virginia

Not all “laws” are laws

February 17, 2012Tim Kowal 14 Comments

To those of you who think that all law is mere convention, consider engaging Tim Sandefur’s well-presented defense of the Substantive Due Process doctrine over at Cato Unbound.  Here’s Tim’s response to Larry Rosenthal (my First Amendment professor at Chapman… Continue Reading →

Constitutional Law natural law, positive law, substantive due process, timothy sandefur

Peter Van Dyck: “Conservative” Artist?

February 13, 2012Tom Van Dyke 7 Comments

To me, these days, any artist whose work has a resemblance to its actual real-life subject is “conservative,” so too any artist whose sense of beauty corresponds to what is considered beautiful in real life regardless of context. Above, Beth… Continue Reading →

Uncategorized conservative art, Peter Van Dyck

Pondering Positive Rights

February 10, 2012Tim Kowal 27 Comments

In light of some of the responses to the League’s constitutional convention on the main page, I’ve been doing some thinking on the subject of so-called positive rights and want to take the pulse of readers here.  To those of… Continue Reading →

Constitutional Law Constitutional convention, negative rights, positive rights

Rejecting Rejection

February 9, 2012Tom Van Dyke 47 Comments

HT: John Fea.

Uncategorized

Our Unlovable Constitution

February 7, 2012Tim Kowal 63 Comments

A new study by David S. Law and Mila Versteeg concludes that the world’s democracies are no longer emulating the U.S. Constitution, and are instead resorting to other templates that guarantee more “generic building blocks of global rights constitutionalism,” including… Continue Reading →

Constitutional Law, Political Theory constitution, David S. Law, federalism, ginsburg, Mila Versteeg, originalism, rights

If you’re in Orange County on Thursday…

February 1, 2012Tim Kowal 2 Comments

…Come hear Ed Whelan of NRO’s Bench Memos speak on the judicial nomination and confirmation process.  Hosted by the Orange County Federalist Society.  Details here.

Uncategorized

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