Josh Hammer
October 10, 2022
Common Carriage Now
Contributing Editor Josh Hammer argues that Congress should embrace treating tech companies as common carriers according to a First Amendment standard for exemption from liability.
June 17, 2022
Roe v. Wade Is Already Dead
Roe is, practically speaking, already dead — regardless of what the Court decides to do in Dobbs.
October 8, 2021
A Common Law Restoration Serves the Common Good
Josh Hammer responds to Holden Tanner's piece on Conservative judging. He explains how even the Constitution itself orients our jurisprudence towards principles of natural justice.
September 14, 2021
Two Cheers For The Heartbeat Act
Contributing editor Josh Hammer discusses the strengths and weaknesses of the new Texas's heartbeat law.
August 20, 2021
The Wrong Way Forward
Contributing Editor Josh Hammer discusses possible paths for litigating the opioid crisis. Those responsible for the opioid crisis should be held responsible, but not via public-nuisance litigation.
July 30, 2021
Mississippi Asks SCOTUS to Overturn Roe
Contributing Editor Josh Hammer analyzes Mississippi's pro-life brief in the case Dobbs v. Jackson Women’s Health Organization.
July 26, 2021
In Defense of Common Good Originalism
Contributing Editor Josh Hammer defends against criticism of his Common-Good Originalism essay, arguing that ambiguities in the text's meaning require us to give precedence to substantive ideals in interpretation.
July 16, 2021
Contra Historicist Originalism
In his exclusive, inaugural piece, Hammer responds to Professor Stephanie Barclay's recent article about the non-partisan nature of originalism. Hammer claims that Professor Barclay misrepresents the contemporary right-of-center alternatives to originalism and that these emerging strands better represent our Founding philosophy.