This past week, in McCutcheon v Federal Election Commission, a bitterly divided United States Supreme Court struck down yet another portion of the Bipartisan Campaign Reform Act of 2002 (BCRA).
On Monday, March 31, 2014, the Supreme Court heard oral arguments in Alice Corporation v. CLS Bank International, in which I have signed on to a Friend of the Court Brief prepared by Charles Cooper.
The Department of Interior, which is charged with the enforcement of the Endangered Species Act, has announced its intention to introduce a comprehensive “ban on Commercial Trade of Ivory as Part of Overall Effort to Combat Poaching, Wildlife Trafficking.” That ban will cover both the sale of objects that contain any amount of ivory, however […]
In the 1808 English case of Buchanan v. Rucker, Lord Ellenborough asked rhetorically, “Can the Island of Tobago pass a law to bind the rights of the whole world?” to which he answered, “no.” That question was posed about a law that allowed a plaintiff to summon all parties into court by posting a notice […]
Last December, my book, The Classical Liberal Constitution was published. In it, I argue that a sound interpretation of the Constitution requires reading its key provisions in light of the comprehensive classical liberal theory that animated their introduction. Constitutional law does not evolve in a self-contained universe, but is embedded in the intellectual tradition of […]
It is a common insight that no system of civil procedure can be perfect. Make the requirements to maintain a lawsuit too lax and you’ll invite too many speculative or abusive law suits. Make the pleading rules too tight and many meritorious claims will find themselves kept out of the courts. In all cases, getting […]
What follows is a short account of the central argument of a long book, of some 700 pages, that seeks to cover the basic outlines of constitutional law in three major areas: interpretation, structure, and individual rights. The theme that unifies these three separate topics is how they all relate to the quest for limited […]
Last week, the government announced that it will receive another multi-billion dollar “dividend” from Fannie Mae and Freddie Mac. That payment will return to the United States Treasury (with interest) all of the $187 billion in bailout money lent to the two mortgage giants after September 2008, pursuant to the Housing and Recovery Act (HERA) […]
I consider myself both a libertarian and a classical liberal. I have been teaching a seminar in classical liberalism at the NYU Law School for six semesters. I am always asked about the difference. My answer is basically this. Classical liberalism is the philosophy of political liberty from the perspective of a vast history of […]
The question of national security and its relationship to individual privacy has always provoked a challenge for persons with strong libertarian inclinations, who rightly embrace a general presumption in favor of small government. On most economic matters, the group that hold these positions tend to be relatively small, and thus does not count as a […]