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"Whelan-Arkes Exchange: Last Round" -- Hadley Arkes

By The James Wilson Institute • Oct 6 2021

Hadley Arkes responds to Edward Whelan in the last of five pieces on Originalism and the rightful place of moral reasoning. Appeals to Scalia only reinforce the position of common-good originalists: that conservative judges have forgotten…

"The Dobbs Case and the Strains of Prudence" -- Hadley Arkes at Human Life Review

By The James Wilson Institute • Oct 5 2021

Prof. Arkes analyzes the Dobbs case, arguing that the conservative Court has two options: to overturn Roe outright, or to take the slower, more cautious approach of merely upholding the Mississippi law. Even this latter option, however,…

"The False Allure of the Pagan Right" -- Daniel Mahoney in Law and Liberty

By The James Wilson Institute • Sep 30 2021

In a review of Matthew Rose's A World After Liberalism, Prof. Mahoney argues that atheists on the Right and the Left need the same remedy: a renewed commitment to reason and faith. Some excerpts: "'We are living in a postliberal…

"Originalism: A Hollow Core?" -- Garrett Snedeker at Starting Points Journal

By The James Wilson Institute • Sep 20 2021

JWI's Deputy Director Garrett Snedeker discusses Donald Drakeman's new book on Originalism and discusses its strengths and weaknesses. Some excerpts: "Don Drakeman’s 'The Hollow Core of Constitutional Theory' arrives at a time…

"How to Apply a Jurisprudence of Natural Law": Prof. Arkes on In the Trenches Podcast

By The James Wilson Institute • Sep 17 2021

Hadley Arkes & Garrett Snedeker joined the In the Trenches Podcast to talk about the principles of the American Government that were before the Constitution and how those principles helped inform it. They discuss how Natural Law…

"Abortion, the Political Branches, and Fetal Heartbeat" -- Hadley Arkes in The Catholic Thing

By The James Wilson Institute • Sep 14 2021

In an article from January 28, 2020, Hadley Arkes argues that Congress could have overturned Roe v. Wade at the time of the original decision. The logic of separated powers implies that any "rights" established by the Supreme Court should…

"Two Cheers For The Heartbeat Act" -- Josh Hammer in First Things

By The James Wilson Institute • Sep 14 2021

Josh Hammer analyzes the Supreme Court's decision not to enjoin any enforcement of the Texas Heartbeat Act, arguing that the decision, though a partial victory for pro-lifers, does not extend far enough. Some excerpts: "The Court…

"Technology and Natural Law" -- James Poulos

By The James Wilson Institute • Sep 2 2021

Comparing Daoist and Western concepts of technology, James Poulos argues that technological innovation does not signal the end of humanity, but instead invites a return to virtue and natural law. Some excerpts: "[A]fter…

James Wilson Summer Legal Fellowship 2021

By The James Wilson Institute • Aug 30 2021

In August 2021, we convened our annual James Wilson Fellowship. The class and the Fellowship can certainly be counted among our best yet. In the spring, we selected a group of outstanding young lawyers and law students to comprise our…

"How to Recover Conservative Judging" -- Holden Tanner at Anchoring Truths and Law & Liberty

By The James Wilson Institute • Aug 24 2021

Holden Tanner argues for a new method of fighting legal realism: Encourage state courts to pursue originalism and to develop their common law traditions from principles of natural law. Some excerpts: "By brandishing the centrality…

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