Opinion
Wall Street Journal: How the SEC Silences Criticism
One of the strongest rules in free-speech law is that the government may not engage in “prior restraint” of speech except in extreme circumstances. Yet the Securities and Exchange Commission does so routinely. Under a rule adopted in 1972, the SEC demands that parties...
Townhall: Will the Ninth Circuit Gut a Landmark Civil Rights Case?
"Groucho Marx once resigned membership from the Friars Club quipping, “I don’t want to belong to any club that will accept me as a member.” Imagine Groucho’s dismay had the club been compelled to disclose his membership to the government! That is exactly what...
Forbes: Florida Voters Join Chevron Revolt And Strike A Blow Against Judicial Bias
What has already been a very good year for Chevron reform just got even better. By rejecting officially sanctioned judicial bias, Florida voters furthered a positive trend that has turned 2018 into the year of the Chevronrevolt. With the passage of Amendment 6, the...
Opinion: Janice Rogers Brown-The Attorney General America Needs
Written by Philip Hamburger If Jeff Sessions steps down as attorney general, who will replace him? This question is on the president’s mind, according to a recent Wall Street Journal report, and among all the persons being floated as potential replacements, one stands...
First Things: Liberal Suppression, Conversations with Mark Bauerlein
The latest installment in an ongoing interview series with senior editor Mark Bauerlein. In this episode, Mark and Philip Hamburger discuss Hamburger’s new book, Liberal Suppression. The conversation is embedded here. For your long-term convenience, follow us...
Forbes: Have Americans Forgotten Why Due Process Matters?
Written by Mark Chenoweth America has a due process problem. Whether one considers the contentious recent Supreme Court confirmation hearing, Title IX proceedings on college campuses, or federal agency hearings in front of administrative law judges, this country is in...
Vanderbilt Law Review-Chevron On Stilts: A Response to Jonathon Siegel
Philip Hamburger Maurice & Hilda Friedman Professor of Law, Columbia Law School “Whither Chevron?1 For several years, some justices of the Supreme Court have been questioning Chevron deference, partly on the basis of my constitutional critique of it.2 It was...
Investor Business Daily: Administrative Law’s Assault On Civil Liberty: Lucia Vs. SEC
Written by Peggy Little Justice Kagan's succinct opinion in Lucia v. SEC sent shockwaves through the secretive world of administrative law judging and will have wide-ranging effects. And, it has a surprise ending ordering a retrial: "And we add today one thing more. ...
Liberty and Law Blog: Liberalism as Armed Doctrine: A Conversation with Philip Hamburger, Richard M. Reinsch II
"Every book that Columbia law professor Philip Hamburger writes changes discourse on a subject. The author of Separation of Church and State, Law and Judicial Duty, and the award-winning and Supreme Court cited Is Administrative Law Unlawful? now turns his inquisitive...
The Hill: Kavanaugh on the Court Would Strengthen Constitutional Civil Liberty Protections
Written by Michael P. DeGrandis In the 1996 cinematic comedy Mars Attacks, Martians destroy Congress, prompting President James Dale (played by Jack Nicholson) to reassure the country by saying, “I want the people to know that they still have two out of three...