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In the News

Washington Braces For Inspector General Report On Clinton's Emails

quoting Jamil Jaffervia Washington Examiner
Thursday, June 14, 2018

The Justice Department's inspector general on Thursday will release the results of its investigation into claims that the FBI failed to follow department protocols when investigating Hillary Clinton's use of a private email server, which could give Trump more ammo in his nonstop public fight against former FBI Director James Comey.


The Failure Of Internet Freedom

by Jack Goldsmithvia Knight First Amendment Institute
Thursday, June 14, 2018

From the second term of the Clinton administration to the end of the Obama administration, the U.S. government pursued an “internet freedom” agenda abroad. The phrase “internet freedom” signaled something grand and important, but its meaning has always been hard to pin down. For purposes of this paper, I will use the phrase to mean two related principles initially articulated by the Clinton administration during its stewardship of the global internet in the late 1990s.

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Reining In The Administrative State

by Adam J. Whitevia PolicyEd
Thursday, June 14, 2018

The administrative state has increasingly grown powerful in day-to-day governance as the Congress, and the judicial branch has voluntarily ceded power over time. As a result, we have seen new regulations with minimum oversight and transparency. While the administrative state is an unavoidable consequence of our complex world, the administrative state must realign its interests with the public and the rule of law.


The Administrative State Under Trump: A Conversation With Adam White

interview with Adam J. Whitevia Law and Liberty
Thursday, June 14, 2018

Hoover Institution fellow Adam White discusses the Trump Administration’s efforts to roll back the regulatory state.

In the News

The De-Americanization Of Internet Freedom

quoting Jack Goldsmithvia Lawfare
Wednesday, June 13, 2018

“The Internet,” Ira Magaziner opined in a 1998 speech, is “a force for the promotion of democracy” as well as “individual freedom and individual empowerment.” At the time he gave this speech, Magaziner was the Clinton administration’s internet guru. 

Analysis and Commentary

Religious Freedom Isn't Baked Into Wedding Cake Ruling

by Peter Berkowitzvia Real Clear Politics
Wednesday, June 13, 2018

Last week in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court threaded the needle. Whether the thread will hold is uncertain. Justice Anthony Kennedy’s narrowly crafted majority opinion protected religious liberty without impairing gay rights.

Reasonable Disagreements
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Reasonable Disagreements: Pardon Me? A Trump-Mueller Discussion

interview with Richard A. Epstein, Adam J. Whitevia Reasonable Disagreements
Wednesday, June 13, 2018

Constitutional issues surrounding Mueller’s appointment and investigation, and the power of the presidential pardon.

In the News

Pardon My Skepticism

quoting Richard A. Epstein, Jack Goldsmith, Michael McConnellvia Cato Institute
Monday, June 11, 2018

In his prime tweeting time, bright and early last Monday, President Trump proclaimed: "As been stated by numerous legal scholars, I have the absolute right to pardon myself, but why would I do that when I have done nothing wrong?"

USS Bataan (LHD-5), a Wasp-class amphibious assault ship.
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An Ill-Conceived New Wave Of Asbestos Liability

by Richard A. Epsteinvia Defining Ideas
Monday, June 11, 2018

Legal theories of causation dictate that ‘bare metal’ cases be tossed out of court.

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The Libertarian: Religious Liberty And The Masterpiece Verdict

interview with Richard A. Epsteinvia The Libertarian
Monday, June 11, 2018

The Supreme Court hands down an unsatisfying ruling in a marquee case.


Research Teams