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The rule of law is not inherited; it is earned. Two hundred and fifty years after the Declaration of Independence, the question is not whether the founders got it right. The questi...
Modern political philosophy and modern politics brought “the State” to the fore in novel and contentious ways. Leo Strauss argued that Machiavelli’s concept of “lo stato” was an es...
Historian Gordon Wood had a deep love of America, and of freedom, but also of the truth. He believed in doing history honestly, giving sober attention to the real concerns, motivat...
In his abstruse “Substantive Due Process Is Still Antidemocratic,” the Manhattan Institute’s Tal Fortgang critiques a California Law Review essay from two Yale Law denizens, Dougla...
Novelty is the coin of the realm in the legal academy. Career-defining legal scholarship often features a counterintuitive argument culminating in a conclusion that appeared imposs...
Essays by 25 scholars examining the expansive terrain of the Declaration of Independence
Essays from State Bar of Wisconsin members form a rich and varied conversation – one that underscores the enduring relevance of the Declaration of Independence and the continuing r...
During this 250th anniversary of independence, Americans are presented with a familiar narrative—one grounded more in national myth than historical reality. It goes something like...
Plus: When tattoos meet copyright law
Law professor Shaun Ossei-Owusu dissects the shortcomings of the American legal system and holds it to a fairer, more humane standard.
Years ago, I attended a college graduation ceremony in Missouri. The graduates and faculty wore black gowns. During the procession, the university chorus sang “Guadeamus Igitur” (L...
This weekend, Americans will celebrate the 250th anniversary of our country’s independence in nationwide celebrations featuring backyard barbecues, fireworks displays, and concerts...
"Which tradition prevails: the first 175 years when the people were allowed to govern themselves, or the last 75 years when we lived under judicial rule?"
On June 12, 1776, Virginia’s Fifth Revolutionary Convention unanimously passed the Virginia Declaration of Rights. A trenchant, post-colonial statement affirming humankind’s inhere...
On June 7, 1776, Richard Henry Lee rose in the Continental Congress and offered the resolution that would set the colonies irreversibly upon the path to independence. Not all the d...
Is there an essential identity, “Americanness,” to which society might demand conformity, or is the essence of Americanness really the rejection of all such demands? For decades, t...
On August 20, 2001, I arrived in the United States with my family after leaving Brazil, the country in which I had been born, educated, and built my professional life. Three weeks...
It’s time to update Learned Hand’s great “Spirit of Liberty” address.
“An Empire is an aggregate of many states,” Edmund Burke informed the British House of Commons on March 22, 1775. On that day, Burke pleaded for conciliation with America. He besee...
A system of constitutional checks and balances has never won a popularity contest among figures on both the Right and the Left who seek to use the state as an instrument for the sa...
Law professors have finally found a positive aspect of Dobbs v. Jackson Women’s Health Organization, the case that overruled Roe v. Wade’s creation of constitutionally protected ab...
Final articles now in "print"
Plus: a few words about my new book
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