Jedediah Purdy

Lochner and Liberty: A Response to David Bernstein

If I may put it this way, from an internalist legal perspective, the traditional Lochner story was way too crude. From a perspective with stronger externalist notes, it captures important features of that time, which our time shares. Today as then, laissez-faire ideas in the larger intellectual and political culture contribute to the development of anti-regulatory lines of jurisprudence.

The Roberts Court v. America

How the Roberts Supreme Court is using the First Amendment to craft a radical, free-market jurisprudence.


Alexis de Tocqueville famously believed that the young American republic had a genius for community. "Voluntary associations," he wrote, sprang up everywhere to solve practical problems, agitate for political change, or try to move other Americans by moral suasion. These...

The New Biopolitics

How individual reproductive choices made around the world can destabilize the global economy and threaten our security and what we can do about it.