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"A Morally Empty Jurisprudence": Prof. Hadley Arkes in First Things

By The James Wilson Institute • Jun 17 2020

In First Things, Prof. Hadley Arkes reflects on the recent outcome in Harris Funeral Homes v. EEOC which he warned about in The Catholic Thing a mere fifteen days ago. In the Harris case and its companion case Bostock v. Clayton County,…

PODCAST: Shoshana Weissmann and Jon Schweppe on Section 230 of the Communications Decency Act

By The James Wilson Institute • Jun 10 2020

Shoshana Weissmann is the senior manager of digital media and a fellow at the R Street Institute, a free-market think tank. She oversees RSI's social media, email marketing, and website while also working and writing on a variety of…

"Bracing for the Court in June": Prof. Hadley Arkes in The Catholic Thing

By The James Wilson Institute • Jun 5 2020

In a recent article for The Catholic Thing, JWI founder and director Prof. Hadley Arkes warns conservatives to brace for a rough June, as the U.S. Supreme Court prepares to announce its decision in Harris Funeral Homes v. EEOC. The Harris…

"A Better Alternative to State Bankruptcy or Default": John Baker and Robert Miller in the Wall Street Journal

By The James Wilson Institute • May 30 2020

In an opinion piece in the Wall Street Journal, scholars John Baker and Robert Miller discuss the prospect of state bankruptcies during the Covid-19 pandemic. They discuss state sovereignty with respect to the eleventh amendment and argue…

"Nobody Expects the Originalist Inquisition": Gunnar Gundersen in The American Mind

By The James Wilson Institute • May 27 2020

In a second response to the ongoing debate over originalism and the common good in The American Mind, James Wilson Institute affiliated attorney Gunnar Gundersen addresses the flurry of criticism he received on Twitter after he declared…

"An Oath Upon Oaths": Prof. Hadley Arkes in The American Mind

By The James Wilson Institute • May 27 2020

James Wilson Institute director Prof. Hadley Arkes responds to a side conversation taking place in the broader discussion over Adrian Vermeule's "common good constitutionalism" - the debate over one's oath to the Constitution. Multiple…

"Don't Trade Judicial Supremacy for Executive Supremacy": Garrett Snedeker in The American Mind

By The James Wilson Institute • May 20 2020

In an essay for a symposium in The American Mind responding to Harvard Law professor Adrian Vermeule's call for a "Common Good Constitutionalism," James Wilson Institute deputy director Garrett Snedeker sympathizes with Vermeule's call for…

"Why I Am A Natural Lawyer": Prof. Paul R. DeHart in Law & Liberty

By The James Wilson Institute • May 20 2020

In an essay for Law & Liberty, James Wilson Institute friend Prof. Paul DeHart responds to Prof. F.H. Buckley's attack on natural law as the foundation for conservative jurisprudence. In an earlier piece for Law & Liberty, Prof.…

"A Primer on Constitutional Rights During Crises": Justin Dyer in Starting Points

By The James Wilson Institute • May 19 2020

In his latest essay for Starting Points, Professor Justin Dyer, a JWI affiliated scholar, attempts to make sense of the Covid-19 crisis and the constitutional debate it has generated. Dyer discusses the Supreme Court's jurisprudence…

"Common Good Originalism": Josh Hammer in The American Mind

By The James Wilson Institute • May 15 2020

In a measured response to Harvard Law professor Adrian Vermeule's critique of originalism, Josh Hammer, a friend of the James Wilson Institute and Of Counsel at the First Liberty Institute, proposes a middle way between originalism and…

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