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A Common Law Restoration Serves the Common Good

October 8, 2021
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.

Whelan-Arkes Exchange: Last Round

October 6, 2021
JWI's Founder and Director Hadley Arkes goes another round with Ed Whelan and discusses the rightful place for moral reasoning in judicial jurisprudence

The Dobbs Case and the Strains of Prudence

October 5, 2021
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.

A World After Liberalism: Reviewed by Prof. Daniel Mahoney

September 30, 2021
Prof. Mahoney reviews an account of anti-liberalism and demonstrates the need for faith and reason to guide our nation.

The Smith Case, Religious Freedom, and Originalism

September 27, 2021
Originally published in Public Discourse, Christopher Wolfe discusses the Fulton case and the judge role in interpreting the Free Exercise Clause.

Originalism: A Hollow Core?

September 20, 2021
JWI's Deputy Director Garrett Snedeker discusses Donald Drakeman's new book on Originalism and talks about its strengths and weaknesses.

1857: The Dred Scott Case

September 15, 2021

Abortion, the Political Branches, and Fetal Heartbeat

September 14, 2021
Hadley Arkes's argument lays out the power of other branches of government in defending life

Two Cheers For The Heartbeat Act

September 14, 2021
Contributing editor Josh Hammer discusses the strengths and weaknesses of the new Texas's heartbeat law.

Technology and Natural Law

September 2, 2021
James Poulos analyzes the differences between the Western and the rising Chinese approaches to technology and how Natural Law just might make up the difference.

PODCAST: An Inside Look at JWI

August 27, 2021
JWI Interns share on their experience working with the Institute

How to Recover Conservative Judging

August 24, 2021
James Wilson Institute Fellow Holden Tanner discusses the shortfalls of textualist originalist jurisprudence and how to recover common law jurisprudence.

The Wrong Way Forward

August 20, 2021
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.

The James Wilson Institute Teaches the Moral Foundations of the Law

August 18, 2021
Mike Sabo describes the essential work of the James Wilson Institute and the need to restore the natural law to our understanding of American civics and jurisprudence.

The Case for the Unconstitutionality of Abortion

August 10, 2021
Josh Hammer explores the debate amongst conservatives on whether the legality of abortion should be returned to the states, or if it should be outlawed nationwide. He astutely notes that if pro-lifers adopt the latter position, they will stretch the Overton window in their favor.

The Biden Administration Is Playing Dumb—and Into a Trap

August 9, 2021
JWI Deputy Director Garrett Snedeker argues that the Biden administration's decision to extend the eviction moratorium in defiance of the Supreme Court provides precedent for a future Republican administration to buck the Court to vindicate conservative priorities.

Reflections on the Arkes-Strang Debate

August 2, 2021
Philip Williamson responds to the Arkes-Strang Debate by explaining how the Declaration states the principles of a just government for the United States and how slavery is the exception that proves the rule.

Mississippi Asks SCOTUS to Overturn Roe

July 30, 2021
Contributing Editor Josh Hammer analyzes Mississippi's pro-life brief in the case Dobbs v. Jackson Women’s Health Organization.

The American Regime and Its Moral Ground

July 29, 2021
Hadley Arkes traces the moral ground of the American Regime to the Declaration of Independence's conception of natural law, which frames rights in the context of an enduring human nature.

In Defense of Common Good Originalism

July 26, 2021
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.

Redeeming the Constitution

July 23, 2021
In his response to David Forte's "Originalism and Its Discontents," Bradley Rebeiro utilizes the case study of slavery "to reconsider how we understand this tension between originalism and natural law theory to see if there remains a better way to reconcile the two."

Contra Historicist Originalism

July 16, 2021
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.

Should the Declaration Inform the Constitution?: Hadley Arkes and Lee Strang Debate Transcript

July 12, 2021
JWI Founder and Director Hadley Arkes and Toledo Law School Professor Lee Strang debate whether or not originalism should utilize the natural law substance of the Declaration of Independence to answer constitutional law questions.

Conservatives after Fulton: Time for a New Path

June 28, 2021
In this exclusive essay, Prof. Arkes argues that the conservative justices have become caught in a mirage with their opinions in the recent Fulton case. Finally resolving the issue, he argues, requires them to return to its root.

Fulton and the Future of Religious Liberty

June 23, 2021
Gerard Bradley analyzes the recent decision in Fulton v. Philadelphia, and suggests that the Smith case may be on its last legs.

The Imperative of a Boring Judiciary

June 17, 2021
Eric Hageman responds to David Forte and "A Better Originalism," warning that illegitimate lawmaking by judges is not the solution to the current problem of an overreaching judiciary.

What is Jurisprudence?

June 16, 2021

In Defense of "A Better Originalism"

May 12, 2021
Prof. Hadley Arkes responds to John Grove's critique of the James Wilson call for conservatives to adopt an originalism of moral substance.

Originalism and Its Discontents

May 6, 2021
Prof. David Forte responds to "A Better Originalism," reminding we must look at the Constitution as a whole, both its legal presence and its moral principles.

A Better Originalism

March 29, 2021
JWI has released a new statement of purpose in collaboration with the American mind, which calls upon conservatives to adopt an originalism of moral substance in the wake of Bostock v. Clayton County.

The Constitution's "Value Judgements"

March 3, 2021
Gerard V. Bradley responds to the claim that Natural Law reasoning is simply Value Judgments.

What is Natural Law?

March 1, 2021

Why Positive Law Needs Natural Law

February 23, 2021
Justin Dyer explains why Originalism at its root requires a foundation in Natural Law to make coherent sense.

Letter to a Noble Lawyer

February 11, 2021
Prof. Arkes begins the new series of colloquium by responding to concerns from a lawyer friend about the use of Natural Law in judicial decisions.

Memories of Michael Uhlmann

February 18, 2020
Anchoring Truths
Anchoring Truths is a James Wilson Institute project
The James Wilson Institute’s Mission is to restore to a new generation of lawyers, judges, and citizens the understanding of the American Founders about the first principles of our law and the moral grounds of their own rights.
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