Skip to content

Legal Theory

How the Roberts Court Killed Originalism

Although there are at least five justices who identify as originalists on the Roberts Court, none of them exercise judicial review in an originalist manner, and the Roberts Court as an institution is no less or more originalist than previous Supreme Courts. The important difference between the Roberts Court and

Members Public

Foreward: The Law of Shoulds

Law and morality are inextricably linked. Those who make, enforce, or are subject to the law may wish to believe that legal principles rest on objective foundations, but the reality could not be further from the truth. Even our most basic and well-accepted legal prohibitions or legal rights are steeped

Members Public

How to Start (or Stop) a War on Crime: A Conceptual Cookbook

Beginning in the early 1990s, the Executive Branch began an era of enforcement of federal firearms crime that was different in kind and degree from the prior seventy-five years. The federal crime policies of the 1990s and 2000s led to a significant increase both in the total number of federal

Members Public