Birthright, Free Speech, and War: Law Talk Live at UT Austin
In this episode of Law Talk Live—recorded at the University of Texas at Austin and hosted by the Civitas Institute—Charles C. W. Cooke, John Yoo, and Richard Epstein debate some of the most contentious constitutional questions of the moment. The panel examines the future of birthright citizenship in light of recent Supreme Court arguments, the tension between free speech and professional regulation in a major First Amendment case, and the legal and moral framework governing modern warfare, including what counts as a war crime. Blending sharp disagreement, historical insight, and a dose of humor, the conversation explores how precedent, originalism, and real-world pressures collide when the Constitution is pushed to its limits.
Constitutionalism
Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief
Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.
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State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.
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The Olympus Spa, Denuded by the 9th Circuit
In its opinion, the Olympus Spa majority acknowledged, “where public accommodations laws impermissibly burden constitutional rights, public accommodations laws must give way.” But its analysis defied the very principle it recognized.
Separation of Powers and Our Constitutional Freedoms
'Separation of Powers' contains something of benefit to everyone, from first-year law students to grizzled veterans of the post-New Deal wars.
Justice Alito Is the Jurist America Needed
Mollie Hemingway’s recent book provides just enough information about Alito’s life to satisfy those who would like to know about his upbringing and life before joining the Court, and, more importantly, how that upbringing helped to shape his values and approach to judging.
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