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
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
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
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
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
In a comment on Shawn Gude’s previous post on the main page about the Occupy movement, I asked who the “1%” is and whether Occupy protesters were primarily aggrieved about “Wall Street,” or whether they were aggrieved about “wealth inequality”… Continue Reading
I would be remiss to leave the recent discussions on affirmative action and equality without citing Frederick Douglass’s moral argument against affirmative action made in 1865 to a group of abolitionists: “[I]n regard to the colored people, there is always… Continue Reading
Via Pacific Legal Foundation, the California Legislature recently passed a bill, SB 185, that would require the state’s public universities to discriminate on the basis of race and gender in their admissions policies. Here’s the relevant text of SB 185:… Continue Reading
This serves no useful purpose. The deterrent value is zero, and millions are convinced this proves once again that a black man can’t get a fair trial in America. Especially in the South. Poking through the case against him—as minimally… Continue Reading
“Liberals are the true conservatives of this generation,” a growingly popular line of argument goes, “because liberals are the guardians of the new American tradition—the New Deal tradition—against the reactionary onslaught of the fake, revanchist ‘conservatives.’ True constitutional conservatism,” the… Continue Reading