Law & Liberty

Law & Liberty focuses on the content, status, and development of law in the context of republican and limited government and the ways in which liberty and law mutually reinforce each other.

Law & Liberty brings together serious debate, commentary, essays, blog posts, podcast episodes, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. The site considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.


The blog features timely commentary by John McGinnis, Mike Rappaport, and James Rogers and a host of other contributors on constitutional, legal, and policy issues.


The forum is a platform for the discussion of the legal and philosophical principles that inform and govern a free government and a free people. Recognizing that there is no shortage of online venues for evaluating legal questions, the forum's distinction rests in its examination of the basic principles of a constitutional republican order and its focus on the elements of freedom that must exist in a society dedicated to liberty and responsibility. The forum aims to uncover the genesis of central legal ideas that produced our unique heritage of Western liberty but are now misunderstood due to ideological confusion.

Every month, the forum presents an essay on a major topic by a leading thinker. This first essay’s ideas will then be considered and tested by two other participants in each exchange. The ideas discussed and debated in this space are not the sole preserve of experts, however. The hope is that each topic, and the ideas animating and surrounding it, will emerge into full view for the reader, permitting a new and refined understanding of the ideas discussed. These ideas are open to all: They are the personal and collective wisdom of any society devoted to the noblest ideas of the Western legal and political philosophical tradition.


The podcast features interviews with leading academics and writers on new books, articles, and contemporary subjects.

Book Reviews

This section contains reviews of significant new books in law, history, policy, and politics.

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Recent Posts

Here are the 10 latest posts from Law & Liberty.

Law & Liberty November 17, 2017

One and a Half Cheers for More Civics Education

Commentators on both left and right advocate renewed emphasis on civics at both the high school and college level. As with everything, the devil is in the details.

First, sure, I think every state should adopt laws similar to Texas

Law & Liberty November 17, 2017

Constitutional Federalism v. National Federalism

On Thursday I spoke at a panel at the Federalist Society’s National Convention  entitled: Is Everyone for Federalism Now? The title is a backhanded tribute to the President.  Finally, he is bringing us together, because he has caused the liberal

Law & Liberty November 17, 2017

Longmire’s Last Ride

Tonight, the sixth and final season of Longmire, the Western series produced by Netflix, begins streaming. Based on Craig Johnson’s Sheriff Walt Longmire mystery novels, the show has earned an intense, devoted following. Originally it was an A&E series, the …

Law & Liberty November 16, 2017

The State Farm Case and the Promotion of Deregulation

One of the objectives of people who favor deregulation is to design legal institutions that can promote deregulation.  I have mentioned one such method in prior scholarship: Congress should establish an agency with the mission of identifying regulations that should

Law & Liberty November 16, 2017

Anglifying American Conservatism

When it seemed that conservatism was finally settling into some defined boundaries under the presidency of Donald Trump, however fitfully—into Trump alt-populists, Never Trump former neocons, establishmentarian veterans of the two Bush administrations, expert/reform conservatives, social communitarians, big L libertarians,

Law & Liberty November 15, 2017

Music, Memory, and the Sound of Sacrifice: A Conversation with Mark Helprin

Acclaimed novelist and foreign policy thinker Mark Helprin returns to Liberty Law Talk to discuss his most recent novel, Paris in the Present Tense.…

Law & Liberty November 15, 2017

Senate Rules May Not Block Roy Moore

Alabama Senate candidate Roy Moore is facing allegations of sexual misconduct involving, among others, a fourteen-year-old girl. The Republican may still win the December 12 special election. But there are bipartisan calls in the Senate to keep Mr. Moore out

Law & Liberty November 15, 2017

Should a Monopolist Have to Charge Money to be Subjected to a Nondiscrimination Requirement?

In a prior post, I explored the question whether private monopolists, such as Facebook, Twitter, and Google should be subject to a nondiscrimination requirement.  I argued that a strong case could be made (assuming they were monopolists) for the legitimacy …

Law & Liberty November 15, 2017

Lessons from a Tragedy

The lessons of Vietnam long ago became a cliché in American political debate.  It provided a shorthand for mistakes to avoid or overcome.  Successfully driving Saddam Hussein from Kuwait in 1991, at minimal cost in lives and money, appeared to …

Law & Liberty November 14, 2017

Legalizing Opioids Would Dramatically Reduce Overdoses

In his Liberty Forum essay, Robert VerBruggen argues that the dramatic increase in opioid deaths in the United States over the past two decades has resulted mainly from over-selling by pharmaceutical companies and over-prescribing by physicians and other healthcare providers. …