Thursday, July 26, 2012

Ramsey on presidential war powers

From last year's Federalist Society National Lawyers Convention, Meet the New Boss: Continuity in Presidential War Powers?, by Michael D. Ramsey [pdf], now published in the Harvard Journal of Law & Public Policy, Summer 2012.

Sunday, July 22, 2012

Outside the strike zone

"since the 1980s, strikes in the public and private sectors have declined dramatically. In 2009 there were only five major work stoppages, involving a mere 13,000 workers, according to the Bureau of Labor Statistics. The ultimate source of organized labor's strength has been rendered nugatory, for which unions in the private sector can reasonably blame PATCO and President Reagan." --Daniel DiSalvo, State of the Union, review of Collision Course: Ronald Reagan, the Air Traffic Controllers, and the Strike that Changed America, by Joseph A. McCartin

Thursday, July 19, 2012

McConnell and Laycock on Hosanna-Tabor

From last year's Federalist Society National Lawyers Convention, two presentations on Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission [pdf]:

Reflections on Hosanna-Tabor, by Michael W. McConnell [pdf]

Hosanna-Tabor and the Ministerial Exception, by Douglas Laycock [pdf]

Both were published in the Harvard Journal of Law & Public Policy, Summer 2012.

Sunday, July 15, 2012

Critics miss Roberts' key message

Shirley S. Abrahamson, Chief Justice of the Wisconsin Supreme Court, has an op-ed in today's Milwaukee Journal Sentinel reviewing the role of the judiciary in light of the opinion of Chief Justice Roberts in National Federation of Independent Business v. Sebelius. [pdf]

Friday, July 13, 2012

Obamacare debate, in review

From last year's Federalist Society National Lawyer's Convention, the Fourth Annual Rosenkranz Debate,
Resolved: Congress acted within its authority in enacting the Patient Protection and Affordable Care Act
Arguing for, Laurence H. Tribe, The Constitutionality of the Patient Protection and Affordable Care Act: Swimming in the Stream of Commerce [pdf]

Arguing against, Paul Clement, The Patient Protection and Affordable Care Act and the Breadth and Depth of Federal Power [pdf]

Both are published in the Harvard Journal of Law & Public Policy, Summer 2012

Sunday, July 8, 2012

Tuesday, July 3, 2012

Most Underrated of all the Founders

Forrest McDonald and Ellen Shapiro McDonald on John Dickinson, at The Imaginative Conservative

Sunday, July 1, 2012

Lewis on Chambers

Hyrum Lewis writes on Whittaker Chambers: The Lonely Voice of Tragedy on the Postwar Right, in the History of Intellectual Culture.
In historical discourse, Whittaker Chambers has too easily been lumped in with other midcentury conservative anti-communists. While those on the right have held him up as a hero in the American struggle for victory against “godless communism” and those on the left see him as exemplary of the excesses and damaging overzealousness of the early Cold War, Chambers defies such simplistic categorization. His subtle, nuanced thought differed considerably from that of other conservative intellectuals of the time and drew from sources outside the standard conservative canon. Thus, this despairing existentialist became an inspiration and a model for the America Right even as he differed with those he inspired on philosophical essentials.