Much has been written about the intellectual failings of America’s institutions of higher learning, including their ignorance — or outright suppression — of the achievements of Western civilization, to which the modern university owes its existence. Far less, however, has…
Proposed rules issued by the Biden administration’s Department of Education seek to expand the federal definition of sex discrimination to include discrimination on the basis of “gender” and “gender identity.” But there’s a problem: the Department of Education lacks the…
Two Harvard Law School professors, Cass Sunstein and Adrian Vermeule, recently published a book with the intriguing title Law and Leviathan: Redeeming the Administrative State. Far from “redeeming” anything, their book actually recounts why administrative law in general and the…
In the hubbub over the Dobbs case overruling Roe v. Wade, many have overlooked the Supreme Court’s decision in West Virginia v. EPA. The case was part of a larger project by legal theorists on the right to cut back…
President Joe Biden and Democrats want to lower the cost of higher education by increasing Pell Grants and forgiving student debt. Biden wants to forgive $10,000 per student. Progressives want to up the ante to $50,000 per individual. Here’s a novel idea:…
Our country could survive an impeachment trial of Donald Trump. We’d be wounded and I hope that calamity can be avoided, but we’d survive. The more momentous issue in the current impeachment kerfuffle is how and to what extent the…
My Yale Law School colleague Bruce Ackerman has proposed a theory of constitutional change that he calls “constitutional moments.” The idea was spelled out in a series of lectures, later published in the Yale Law Journal and in Ackerman’s multi-volume history…
Every day on the road we pass by them. Trucks, bearing the logos and cargo of companies in industries ranging from manufacturing to food, consumer goods to raw materials, each day traverse the seemingly endless thousands of miles of road…
As his term comes to a close, President Obama is continuing to promote staffers and supporters into more permanent positions at a furious clip, with the White House announcing 29 new appointments Tuesday morning. Some of these appointments are innocuous,…
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