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The Conservative Lawyers versus the Never Trumpers

I yield to no one in my recoil from Donald Trump. But for anyone who shares the perspectives of the Republican Party, far more is involved here than aversion to an implausible candidate. A conservative should have an interest in repealing and replacing Obamacare, a program that tends inexorably to the political control of medicine. Continue Reading »

Is There No Moral Law?

In point of fact, there is no such thing as theological neutrality, just as there is no such thing as moral neutrality. There are many things, to be sure, both morally and theologically, that the state does well to leave to civil society, neither legislating nor making the basis for legislation. Unfortunately, assisted suicide and euthanasia are not among them. Continue Reading »

Inescapably Natural

Justice Oliver Wendell Holmes gave voice to the “modern” project in law: It would be a gain, he said, “if every word of moral significance could be banished from the law altogether, and other words adopted which should convey legal ideas uncolored by anything outside the law.” The law would . . . . Continue Reading »

Letters

TeachersIn his “Re-Educate for America” (November), Malcolm Rivers identifies correctly the cultural hegemony that undergirds the educational establishment (and the leadership class) in America. A decade ago, as a New York City Teaching Fellow (a program in lockstep with Teach for America), I . . . . Continue Reading »

Why Tolerate Religion?

Brian Leiter's Why Tolerate Religion? is a crucial book in the area of law and religion—published in 2013, it defends the view that there is no compelling moral or legal reason to provide special protection to religion as such.

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