Academic Commentary

After President-elect Joe Biden takes office and Donald Trump exits the White House, federal and state prosecutors will have to decide whether to charge the former president based on ongoing criminal investigations. Prosecuting a former head of state is no small matter and would be unprecedented in the United States. But the egregious nature of [...]

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Once President-Elect Biden takes office, we will be able to say goodbye to new judges who self-identify as originalists. This change is important because in constitutional cases, originalism is either pernicious or irrelevant, and we should stop pretending otherwise. There is nothing wrong with the American people celebrating their link to the white, propertied males [...]

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The United States has an invaluable asset: the rule of law and its historic role in protecting property rights. This essay highlights the fragile nature of this asset and explains why protecting this asset—particularly in the eyes of foreign investors—must be a priority for a new Biden administration (as it should be for the remainder [...]

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“The mass-man has no attention to spare for reasoning; he learns only in his own flesh.” – Jose Ortega y’Gasset, The Revolt of the Masses (1930) In the United States, prima facie, presidential elections represent a core fixture of democracy. Nonetheless, though necessary – and never more so than in the just-completed defeat of Donald [...]

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(c) Wikimedia (Fred Schilling, Collection of the Supreme Court of the United States)

One score and 7 years ago, a man from Arkansas, brought forth on SCOTUS, a new kind of Associate Justice, inspired by Opera, conceived in Liberty and dedicated to the proposition that all men and women are created equal. Now we are engaged in a kind of Political Civil War, testing whether this nation or [...]

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