August 2017

Thoughts on Meyer v. Nebraska and its connection to Griswold v. Connecticut

In the 1923 case of Meyer v. Nebraska, which grew out of the anti-German sentiment of World War I, the Supreme Court “upheld the right of parents to direct the upbringing and education of their children by striking down … a state statute prohibiting the teaching of any modern language other than English in any public or private grammar school.” How does this relate to Griswold v. Connecticut, which created a “right to privacy” (at least in terms of marital relations)?

April 2012

Benefits of viewing the right to privacy as a property right

There are many approaches to protecting privacy, but many of them run into conflicts, either with existing protections (perhaps especially the First Amendment) or with those who are suspicious of government regulation. But privacy rights do not necessarily need to be protected in a novel new form as a new right  —  one could instead leverage existing theories of property to do it.

April 2012

The problem of expertise in a liberal democracy

Stephen Turner’s book, Liberal Democracy 3.0, provides a useful background to the problem of expertise — especially scientific expertise — in a modern liberal democracy. What is a liberal democracy? First, of course, it’s important to define what a “liberal democracy” is. The term liberal, unfortunately, has acquired a negative connotation for many today, especially amongst conservatives in the […]