When a widely acclaimed Harvard Law School professor publishes a book that another Harvard Law professor calls “the most important book of constitutional theory in many decades,” it’s certainly worth ...

As chronicled in countless news stories and reports, trust in social institutions is low. The integrity and transparency of these institutions gets a bad grade from the public, and social institutions ...

Although the concept of the common good has been subject to normative theorising for millennia, it is now widely understood as an "essentially contested concept," leading scholars to argue that, in ...

On changes in the American conservative movement. Anyone observing the evolution of conservative thought over the past few years could not have escaped a growing trend. Politicians, intellectuals, and ...

We are living in post-legal times. The new conservative majority on the Supreme Court, and the carefully screened cadre of far-right judges in lower courts, are poking hungrily not only at venerable ...

Some topics are hard to define. They are nebulous; their meanings are elusive. Topics relating to morality fit this description. So do those that are subjective, meaning different things to different ...

In this April 24, 2020, photo, protesters gather for a rally against Wisconsin Gov. Tony Evers' extended stay-at-home order due to COVID-19, at the Wisconsin State Capitol in Madison, Wis.

Here is the relevant exchange between McLaughlin and Barrett: NR: We're now in a position where there are critics of originalism from the right — people who say: It's too legally positivist. It ...

In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...