Essays
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.
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.
November 4, 2021
Judge Pryor’s Friendly Fire
Prof. Arkes defends "A Better Originalism" against Judge William Pryor's critique.
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.
October 6, 2021
Whelan-Arkes Exchange: Last Round
JWI's Founder and Director Hadley Arkes goes another round with Ed Whelan and discusses the rightful place for moral reasoning in judicial jurisprudence
October 5, 2021
The Dobbs Case and the Strains of Prudence
Prof. Arkes analyzes the arguments at play in the upcoming Dobbs case, and explains that while there are potential outfielders and stockbrokers, there is no such thing as a "potential" human being.
September 30, 2021
A World After Liberalism: Reviewed by Prof. Daniel Mahoney
Prof. Mahoney reviews an account of anti-liberalism and demonstrates the need for faith and reason to guide our nation.
September 27, 2021
The Smith Case, Religious Freedom, and Originalism
Originally published in Public Discourse, Christopher Wolfe discusses the Fulton case and the judge role in interpreting the Free Exercise Clause.
September 20, 2021
Originalism: A Hollow Core?
JWI's Deputy Director Garrett Snedeker discusses Donald Drakeman's new book on Originalism and talks about its strengths and weaknesses.
