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"Abortion, the Political Branches, and Fetal Heartbeat" -- Hadley Arkes in The Catholic Thing

By The James Wilson Institute • Sep 14 2021

In an article from January 28, 2020, Hadley Arkes argues that Congress could have overturned Roe v. Wade at the time of the original decision. The logic of separated powers implies that any "rights" established by the Supreme Court should…

"Two Cheers For The Heartbeat Act" -- Josh Hammer in First Things

By The James Wilson Institute • Sep 14 2021

Josh Hammer analyzes the Supreme Court's decision not to enjoin any enforcement of the Texas Heartbeat Act, arguing that the decision, though a partial victory for pro-lifers, does not extend far enough. Some excerpts: "The Court…

"Technology and Natural Law" -- James Poulos

By The James Wilson Institute • Sep 2 2021

Comparing Daoist and Western concepts of technology, James Poulos argues that technological innovation does not signal the end of humanity, but instead invites a return to virtue and natural law. Some excerpts: "[A]fter…

James Wilson Summer Legal Fellowship 2021

By The James Wilson Institute • Aug 30 2021

In August 2021, we convened our annual James Wilson Fellowship. The class and the Fellowship can certainly be counted among our best yet. In the spring, we selected a group of outstanding young lawyers and law students to comprise our…

"How to Recover Conservative Judging" -- Holden Tanner at Anchoring Truths and Law & Liberty

By The James Wilson Institute • Aug 24 2021

Holden Tanner argues for a new method of fighting legal realism: Encourage state courts to pursue originalism and to develop their common law traditions from principles of natural law. Some excerpts: "By brandishing the centrality…

"The Wrong Way Forward" -- Josh Hammer in City Journal

By The James Wilson Institute • Aug 20 2021

Reacting to a $26 billion settlement with pharmaceutical companies over opioid overdoses, Josh Hammer argues that those responsible for the opioid crisis should be held responsible, but not via public-nuisance litigation. Some excerpts:…

"The James Wilson Institute Teaches the Moral Foundations of the Law" -- Mike Sabo at RealClearWire

By The James Wilson Institute • Aug 18 2021

Mike Sabo explains JWI's project of recapturing the wisdom of the Founding Generation and their application of Natural Law as they created a republican society. Some excerpts: "Arkes founded the James Wilson Institute to 'restore…

PODCAST: Glenn Ellmers on The Soul of Politics

By The James Wilson Institute • Aug 13 2021

Claremont Institute senior fellow Glenn Ellmers joined JWI Deputy Director Garrett Snedeker and JWI Intern Seth Root to discuss his forthcoming book, The Soul of Politics: Harry V. Jaffa and the Fight for America. In the podcast, we…

The American Regime and Its Moral Ground: Hadley Arkes at Real Clear Public Affairs

By The James Wilson Institute • Aug 12 2021

In an essay for the 1776 Series at Real Clear Public Affairs, JWI Founder and Director Hadley Arkes discusses the moral axioms that pre-existed the Constitution as understood by President Abraham Lincoln. Prof. Arkes retells Lincoln's…

"The Case for the Unconstitutionality of Abortion" -- Josh Hammer in Newsweek

By The James Wilson Institute • Aug 10 2021

Josh Hammer defends a recent essay by John Finnis entitled "Abortion Is Unconstitutional," arguing for a common good-originalist reading of the 14th Amendment. Some excerpts: "According to Finnis, unborn children are properly…

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