States, Courts, and Common-Good Conservatism
We must marry Antifederalist sympathies, which recognize the dangers of concentrating power, to a holistic conservative jurisprudence, says Holden Tanner.
Josh Hammer
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.
PODCAST: Josh Hammer on Common Good Originalism
Anchoring Truths contributing editor and JWI affiliated scholar Josh Hammer joined JWI Deputy Director Garrett Snedeker to discuss his new essay in the Harvard Journal of Law and Public Policy, entitled “Common Good Originalism: Our Tradition and our Path Forward.” In the podcast, we talked about the failures of the positivist originalist project, Hammer’s vision …
The Imperative of a Boring Judiciary
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.
Originalism and Its Discontents
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.
PODCAST: Josh Hammer on Common Good Constitutionalism and Judicial Supremacy
Lawyer and legal commentator Josh Hammer joined JWI Deputy Director Garrett Snedeker and intern Joe Egler for a podcast recording to discuss the future of originalism in the conservative legal movement, Prof. Adrian Vermeule’s “common good constitutionalism,” and judicial supremacy. Josh Hammer is a nationally syndicated columnist and Of Counsel with First Liberty Institute. A …
