law Archives - Ethics & Public Policy Center

How to Apply Non-Discrimination to Digital Platforms via Common Carriage

The content moderation decisions of the dominant Big Tech conglomerates appear to many reasonable observers to be censorship of conservative speech. To remedy this problem, many have recently been looking to the common law doctrine of common carriage—particularly since Justice Clarence Thomas’s recent concurring opinion that highlighted this possible approach.

Remembering Rob Odle

Rob Odle was a sterling exception to that world of legal gamesmanship, and it was, and is, attorneys like him who make Washington work, when it does.

Law Schools and Democracy

Recovering the distinct purposes and characters of our different institutions, rather than seeing them all as interchangeable platforms for screaming at each other about the culture war, is the essence of what a renewal of American civic life would require.

The Vocation of Law

The moral and cultural foundations of our republic need not just shoring up but deep and fundamental renewal. That is a task for generations, but it must begin now, as new graduates take up their vocations.

O.J. and Us

The “trial of the century” was really a reflection of America’s sins.

Why MPs Have a Duty to Resist Online Petitions

The lesson of history, that mass movements threaten freedom, is a lesson that will never be learned. This is why we have parliaments, with their complex procedures, committees and reviews.

Reclaiming Citizenship

We live in a legal culture besotted by the myth of judicial supremacy. A new book on the Constitution dispels with admirable clarity this and other myths.

A Bad Proposal

The tools of modern political science are not capable of generating meaningful insights into whether in-group bias affects judicial decision-making.

Bench Memos Turns Ten

EPPC’s President talks about the Bench Memos blog’s impact on judicial nominations and the wide array of readers who depend on Bench Memos for insightful analysis.

Time to Arrest the Federal Criminalization Spree

A new rule adopted by the U.S. House is an important step toward weaning Congress off its overcriminalization addiction.