If the Positive Law test is originalist, then what isn't? A close look at Fourth Amendment history and some recent scholarship. My friend and co-blogger Will Baude argued recently that his Positive ...

Earlier this month, in National Association of Manufacturers v. National Labor Relations Board, the D.C. Circuit Court of Appeals struck down an NLRB edict requiring businesses to display pro-union ...

The phrase "human rights" may be used in an abstract and philosophical sense, either as denoting a special category of moral claim that all humans may invoke or, more pragmatically, as the ...

IN ORDER to explain my title I must ask you to follow me in examining the three great domains of human action. First comes the domain of positive law, where our actions are prescribed by laws which ...

It is a singular honor to be delivering the Joseph Story Distinguished Lecture at The Heritage Foundation, and Ed Meese’s presence here tonight makes this honor all the more meaningful.[1] For those ...