Scalia v. Epstein: Two Views on Judicial Activism

Ebook

Cato Supreme Court Review, 2008-2009

Ebook

Law's Order: What Economics Has to Do with Law and Why It Matters

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David's Hammer: The Case for an Activist Judiciary

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Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide

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Death Grip: Loosening the Law's Stranglehold over Economic Liberty

Ebook

The Supreme Court and Constitutional Democracy

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Justice vs. Law

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Cato Supreme Court Review, 2002-2003

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How Progressives Rewrote the Constitution

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Cato Supreme Court Review, 2005-2006

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The Supreme Court Review, 2013

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The Enterprise of Law: Justice Without the State

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Is Administrative Law Unlawful?

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Economic Liberty: The Forgotten Rights

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Gale Researcher Guide for: Overview of US Criminal Procedure and the Constitution

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Philosophy of Law

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The Antitrust Religion

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To End a War: A Short History of Human Rights, the Rule of Law, and How Drug Prohibition Violates the Bill of Rights

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Fire & Smoke: Government, Lawsuits, and the Rule of Law

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Thoughtfulness and the Rule of Law

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More Liberty Means Less Government: Our Founders Knew This Well

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The Declaration of Independence and the Constitution of the United States

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Rights versus Antitrust: Challenging the Ethics of Competition Law

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What Prohibition Has Done to America

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Corrupted by Power: The Supreme Court and the Constitution

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Understanding Your Right to Due Process

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Last Rights: The Fight to Save the 7th Amendment

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Welfare and the Constitution

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Every Canadian's Guide to the Law

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In The Name of Justice: Leading Experts Reexamine the Classic Article "The Aims of the Criminal Law"

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The Price We Pay: What Broke American Health Care--and How to Fix It

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The Least of Us: True Tales of America and Hope in the Time of Fentanyl and Meth

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Battle for the American Mind: Uprooting a Century of Miseducation

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No Visible Bruises: What We Don’t Know About Domestic Violence Can Kill Us

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A Short History of Reconstruction [Updated Edition]

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Against Empathy: The Case for Rational Compassion

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American Government 101: From the Continental Congress to the Iowa Caucus, Everything You Need to Know About US Politics

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How to Blow Up a Pipeline: Learning to Fight in a World on Fire

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Just Mercy: a story of justice and redemption

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The Art of War

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Capital in the Twenty-First Century

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Talking to My Daughter About the Economy: or, How Capitalism Works--and How It Fails

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Dreamland: The True Tale of America's Opiate Epidemic

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Bowling Alone: Revised and Updated: The Collapse and Revival of American Community

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Walkable City: How Downtown Can Save America, One Step at a Time

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When Harry Became Sally: Responding to the Transgender Moment

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How We Do Harm: A Doctor Breaks Ranks About Being Sick in America

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Reefer Madness: Sex, Drugs, and Cheap Labor in the American Black Market

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This Changes Everything: Capitalism vs. The Climate

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The Truth About COVID-19: Exposing The Great Reset, Lockdowns, Vaccine Passports, and the New Normal

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No More Police: A Case for Abolition

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Inflamed: Deep Medicine and the Anatomy of Injustice

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The Diversity Delusion: How Race and Gender Pandering Corrupt the University and Undermine Our Culture

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Nobody: Casualties of America's War on the Vulnerable, from Ferguson to Flint and Beyond

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Men without Work: Post-Pandemic Edition (2022)

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Our Kids: The American Dream in Crisis

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Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist

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Chasing the Scream: The Inspiration for the Feature Film "The United States vs. Billie Holiday"

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The Madness of Crowds: Gender, Race and Identity

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Love Your Enemies: How Decent People Can Save America from the Culture of Contempt

Podcast episode

The Courts are Destroying this Country and We are Letting it Happen. Ep117: Between the courts setting immigration policy, national security policy, election law, social policy, redistricting, and criminal justice policy, we no longer live in a republic.  The lower courts, not just the Supreme Court, stand above the other branches of government and the 50 states. But how did this happen?  How can the other branches, which have more robust powers, get rolled by courts created by Congress? In this episode of the Conservative Conscience, we explore the recent immigration rulings and some other cases to demonstrate how the judicial crisis stems from a political crisis whereby the other branches of government are needlessly giving in to the courts.  In fact, as it relates to the Fourth Circuit opinion on Trump’s executive order, the administration is giving the courts even more than they ask for.   At some point, could we really blame the courts for grabbing power that is handed to th

Podcast episode

Sovereignty invasions, state powers, and cross-state taxation Ep. 243: This is a busy week with a lot of issues to cover. We begin today’s show by noting the president has been on message when it comes to sovereignty. We explain why the president never has to tolerate an invasion and how this is indeed an invasion. He has the full moral, constitutional, and legal authority to stop all immigration at the border. Next, we move on to jailbreak and note how the courts have expanded the Fourth Amendment so much that our Founders wouldn’t recognize it. This is endangering public safety and is a big part of why we actually have an under-incarceration problem because there are so many violent criminals who go un-convicted, thanks to these court-created loopholes. Finally, we discuss the internet sales tax case.  This is the one legitimate example of how the feds were given complete power over cross-state taxation, yet states are left helpless to defend their own sovereignty against other sta

Podcast episode

A Week of Unimaginable Judicial Hell Destroying What’s Left of America Ep. 158: In this episode of the Conservative Conscience, we speak the truth about the severity of the judicial crisis, how it happened, what is happening now that makes this issue an emergency, why it won’t be fixed with traditional methods, how conservative legal elites have screwed us, and what we can do about it.  We begin by addressing almost a dozen mind-boggling decisions by the courts recently and how they are shutting down our country and nobody is talking about it.  Next, we address the stratagem and philosophy behind what they are doing and how it will succeed no matter how many new judges Trump appoints. Finally, we conclude with a lesson on the difference between judicial review and judicial supremacy, how “conservative” legal activists are part of the problem and misunderstand this lesson, and what we can do to educate people and change course.   Key quotes: “If god gave me one political wish, it

Podcast episode

The important consequences being missed from the FBI scandal Ep. 189: In this episode, we explore the revelations in the Nunes memo and the broader cover-up of the Hillary email-scandal – not so much from a focus on the technical details but from the standpoint of the constitutional crisis that is confronting us. We now have progressives in all areas of government, but particularly in the unelected courts and bureaucracies, who are willing to breach all legal firewalls in order to achieve their political goals. The ends now justify the means. They openly thwart immigration law, maintain sanctuary cities, and set up autonomous “fourth branch” agencies seeking to operate outside constitutional charter. It would be bad enough to adopt an “ends justify the means” mindset, but the people who are doing so are simultaneously seeking to inoculate themselves from all constitutional checks on their ill-gotten power.    Show links Rod Rosenstein thinks he is above the law 

Podcast episode

Andrew Koppelman, “The Tough Luck Constitution and the Assault on Health Care Reform” (Oxford UP, 2013): Every hundred years or so, the Supreme Court decides a question with truly vast economic implications. In 2012 such a decision was handed down, in a case that had the potential to affect the economy in the near term more than any court case ever had.

Podcast episode

A politically incorrect look at the constitution: The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views...

Podcast episode

Joseph Fishkin and William E. Forbath, "The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy" (Harvard UP, 2022): An interview with Joseph Fishkin and William E. Forbath

Podcast episode

Joseph Fishkin and William E. Forbath, "The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy" (Harvard UP, 2022): An interview with Joseph Fishkin and William E. Forbath

Podcast episode

Is this what they mean by “Democracy is under attack” ?: Today’s missive looks a bit different from our normal Friday roundup. - As you probably know, a few big rulings came down from the United States Supreme Court over the past 24 hours-- one on gun control, the other on abortion. - Predictably,

Podcast episode

Joseph Fishkin and William E. Forbath, "The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy" (Harvard UP, 2022): An interview with Joseph Fishkin and William E. Forbath

Podcast episode

Practical Equality: Robert L. Tsai: “It’s important to be practical and hard-nosed about equality and justice.”

Podcast episode

What Is the Relationship between Lobbyists and Congress? (with Timothy LaPira)

Podcast episode

The Tensions Within the Supreme Court: Gun Rights, Restrictions, and Domestic Violence: In the latest episode of the Passing Judgement podcast, we delve into a variety of legal cases and hot topics currently on the Supreme Court's docket. We're rejoined by David Savage, one of the nation's experts as we unravel the intricacies of thes...

Podcast episode

A Guide to the ‘Legal Fictions’ That Create Wealth, Inequality and Economic Crises: “Capitalism, it turns out, is more than just the exchange of goods in a market economy,” Katharina Pistor writes. “It is a market economy in which some assets are placed on legal steroids.” Pistor is a professor of comparative law at Columbia Law School, the director of the Center on Global Legal Transformation at Columbia University and the author of “The Code of Capital: How the Law Creates Wealth and Inequality.” In the book, Pistor argues that economic value isn’t just captured by markets; it is created by the legal system. An asset like a piece of land or a machine has some intrinsic value. But it is only when you graft legal attributes onto those assets — backed by the coercive power of the state — that they are transformed into wealth-generating capital. Pistor’s theory has sweeping implications for some of the most fundamental economic questions of our time: How is wealth actually created? Why

Podcast episode

It’s either the courts or our civilization Ep. 218: In this episode, we unload on the judicial crisis unfolding before our eyes, as the courts issue one civilization-killing opinion after another every few hours. We go through the history of judicial review and distinguish it from judicial supremacy. We explore some solutions for judicial reform, such as mandatory appeals of any lower court ruling on political issues.  Today was also oral argument day for the immigration pause executive order at the Supreme Court. We explain why a 5-4 “victory” won’t be much of a victory in the long-run and how unless the courts are kicked out of immigration, the lower courts will continue doing their thing. There are many reasons why the courts are a sure thing for the Left and why merely “selecting better judges” never changes the arc of the jurisprudential velocity.    Finally, we end with a discussion of Alfie Evans and how, unless we change the power of the courts and the power of government ove

Podcast episode

Ep 336 | Conservative Media Never Should Have Made a God Out of the Courts: It’s been three and a half weeks since a number of nonessential agencies have been almost completely shut down, yet nobody cares other than for the actual salaries of the workers. But what about the actual work? I explain the severity of our debt crisis and how it’s indefensible not to have a discussion about cutting some of these positions permanently, given what we now know about their utility or lack thereof. Next, I move on to the judicial crisis, which so many conservative writers don’t think of as a crisis. In fact, they agree with judicial supremacism. Conservatives have promoted the stature of the judiciary rather than using their capital to fight against its illegitimate power grabs. I give you a number of new examples from religious liberty and guns to immigration and abortion to show how the Supreme Court is continuing to allow the lower courts to rule over us. This is because conservative judges an

Podcast episode

Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023): An interview with Anthony B. Sanders

Podcast episode

Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023): An interview with Anthony B. Sanders

Podcast episode

Lobbying Series Part 4 - Lobbying Exceptions: Lobbying Series Part 4 – Lobbying Exceptions  On this episode, our fourth in our on-going lobbying series, we’ll focus on lobbying exceptions for all 501(c)(3)s, even private foundations.    Attorney Co-hosts  Leslie...

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Ep 906 | Equal Protection and Inalienable Rights Are Dead in this Country

Podcast episode

Nikolas Bowie

Podcast episode

Theory of Consent/Auto-Limitation/Self-Limitation & Theory of Consensus in Public International Law: This episode of Legal Talks by Desi Kanoon explains the two pertinent theories in the field of Public International Law, Consent Theory/Auto-Limitation/Self-Limitation Theory and Consensus Theory.

Podcast episode

Anthony B. Sanders, "Baby Ninth Amendments: How Americans Embraced Unenumerated Rights and Why It Matters" (U Michigan Press, 2023): An interview with Anthony B. Sanders

Podcast episode

Nothing Matters in Politics but the Fine Print Ep.314: Today I have an announcement: the merger of CRTV and TheBlaze into Blaze Media. The bottom line is that we will continue to be the same fearless, independent conservative movement, now with a bigger platform, so that more people can hear the truth, particularly the fine print of politics missed by the others.    Next, I give you a more detailed breakdown of the First Step Act than anything you will hear on another network. The key lesson is that you need to understand the fine print of the policies, the legislation, and the movement behind it. Specifically, in this case, once you understand the fine print, you will see how this bill will reduce sentencing and provide early release for the worst individuals pursued by federal prosecutors in this country.  Finally, I give you the latest updates on the border crisis and the interior enforcement crisis and tie them all back into judicial supremacy, the drug crisis, and the federal cr

Podcast episode

370: Listen and Learn -- Freedom of the Press (Con Law): Join us for our series on substantive law topics you're likely to encounter in law school

Podcast episode

Timothy Sandefur, “The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It” (Encounter Books, 2016): Timothy Sandefur’s new book, The Permission Society: How the Ruling Class Turns Our Freedoms into Privileges and What We Can Do About It (Encounter Books, 2016) is an argument against the restrictions on individual liberty by local,

Podcast episode

The Future of Antitrust: Zephyr Teachout: "You need strong antitrust laws as a democracy protection."

Podcast episode

My Thoughts on Gorsuch and Scotus: A Time to Remain Vigilant Ep 88: In this episode of the Conservative Conscience, Daniel spills his heart out on the state of the courts, what conservatives are looking for, and why Gorsuch, although a solid nominee, still doesn’t inspire full confidence that he is the best we could have done, given GOP control of the Senate.  Then again, with a Senate full of RINOs, who could have scuttled the nomination of someone in the mold of Clarence Thomas, could you really blame Trump? Moreover, the entire process demonstrate why we will never really fix the courts simply by “picking better judges.”  “The capacity of a good judge to do good is nowhere near the capacity of a bad judge to harm our constitution, society, sovereignty, and security.  Even if we had a Clarence Thomas for every Republican SCOTUS pick and for every lower court pick, an impossibility (they don’t exist), we could never combat the malfeasance of the left.  The equivalent on the right o

Podcast episode

OA396: Happy Juneteenth from the Supreme Court!: Today's episode might have been titled "Andrew Was Really, Really Wrong," as we break down this rather surprising week in the Supreme Court, including the Title VII cases, the Court's refusal to grant cert on any gun case, and the DACA decision. We...

Podcast episode

Putting Trump before the Trump Agenda Hurts Both Ep. 260: Conservatives need to stay focused on actually implementing our agenda rather than being scared to prod the president into action.  In many cases, he is very open to our position. This is evident with the budget fight.  But if we fail to get involved, he will drift to the gravitational pull of the swamp.  We do him nor his agenda any favors by not properly guiding him on the budget fight, crime bills, and how to fight the courts.  We give a vision on how to navigate this budget fight over the next month.  We also give an update on the latest insane court decisions and how one recent court opinion on First Amendment rights demonstrates how easy it is for the executive branch to push back – if it so chooses.  At some point, the unwillingness to push back is akin to a 250-pound boxer being held up by a 100-pound woman.   We also, touch on jailbreak – the insane Koch initiative that never dies.  This bill violates everything Trump