January 10, 2022

Founder's Keepers: Arkes on The Role of Govenment in Defining our Culture

In 2006, Prof. Hadley Arkes makes some timeless remarks at The Federalist Society on what the proper role of government is when it comes to culture.

By Hadley Arkes

January 6, 2022

Founder's Keepers: Arkes on Mary Eberstadt's Review of Judge Robert Conrad's "John Fisher & Thomas More"

Prof. Hadley Arkes on a review that Mary Eberstadt wrote of Judge Conrad's book "John Fisher & Thomas More"

By Hadley Arkes

December 9, 2021

‘Dobbs’ and the Conservative Legal Movement

If ‘Dobbs’ is decided following the ‘neutral principles’ of constitutional interpretation, it would not mean the end of abortion, according to Gerald Bradley, or even the beginning of the end of it. ‘Dobbs’ would instead be the start of a whole new phase of the political struggle over abortion. Yet the Constitution requires more.

By Gerard V. Bradley

November 30, 2021

Common Good and Common Belief in the Common Law

With discussions about the common good reaching the public square, Timon Cline writes about how the common good can be determined by both judges and legislature.

By Timon Cline

November 23, 2021

Corporations, Churches, Persons, and the Natural Law

Robert Miller responds to Prof. Adam MacLeod and argues that corporations are not real things of the world, but rather the outgrowth of human beings who for legal purposes should be considered the only entities that be judged to be in accord with law and morality.

By Robert Miller

November 17, 2021

Our Divided House: A Review of Charles Kesler's Crisis of Two Constitution

Prof. Gerard Bradley reviews "Crisis of Two Constitutions" by Charles Kesler, analyzing whether we've hit our Weimar moment or not.

By Gerard V. Bradley

Churches and the Government

November 17, 2021

Churches: An Existence of Their Own or Creatures of the Sovereign?

JWI and First Liberty's CRCD Co-hosted a webinar with Profs. Adam MacLeod and Robert Miller. They discussed the relationship of churches and the government, and whether churches have an existence of their own or if they simply exist from a grant of the government.

By The James Wilson Institute

November 17, 2021

Churches: An Existence of Their Own

Prof. Adam MacLeod argues that Churches have an existence independent of government recognition or contract.

By Adam MacLeod

November 17, 2021

No free exercise for Aztecs—or abortionists

Jordan Ballor presents the proper limits for religious liberty. Strong belief isn't enough to justify actions that violate the natural law.

By Jordan Ballor

School Prayer

November 12, 2021

Is it Time to Rethink the School Prayer Cases?

Prof. Francis Beckwith makes the argument for re-opening the question of school prayers in the courts, explaining how this would enable local governments to seek the common good.

By Francis Beckwith

December 6, 2021

A Common Call to Prayer

Continuing our symposium on school prayer, JWI Affiliated Scholar Gunnar Gundersen makes the case for a common call to prayer in American public life and in its public education

By Gunnar Gundersen

December 17, 2021

And All the Students Said, “Amen”

By offering a voluntary prayer, the government introduces its students to religion in a way that is not coercive or intrusive. It is, rather, a traditional acknowledgement of religion, even if it simply constitutes a recognition of the theistic origins of our unalienable rights.

By Keisha Russell

January 17, 2022

When "Matter" Really Matters

A focus on the jurisprudence of the school prayer cases, rather than on the matter and form of the polity, avoids the central task for conservative legal scholars and advocates seeking to shape again the moral culture.

By Jesse Merriam

November 5, 2021

Sentimental Judgments

Garrett Snedeker reviews "Why the Innocent Plead Guilty and the Guilty Go Free" by Judge Rakoff, analyzing proposed reforms to the criminal justice system.

By Garrett Snedeker