Law

Law articles feature analysis and commentary related to censorship, policy, technology, media, economics, public health, and social life.

All Brownstone Institute articles on the topic of law are translated into multiple languages.

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Why Is the Supreme Court Disregarding Individual Rights?

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The justices on the Supreme Court (and lots of elected officials) claim that they could not possibly decide weighty scientific matters and then they punt to people who know even less than them (corrupt bureaucrats or Special Masters) — entirely bypassing the system set up by our founders — ordinary citizens, on juries, using common sense and reason. 

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The Obedient Generation

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As I watched the teenagers of E.T. flying past the sun, I wept for their bravery, and their fraternity, but I also wept for you, my shiny young neighbors. We, this nation, have raised you obeisant. The generation that “turned on, tuned in, and dropped out” (and the slightly younger punks) raised you with none of their same rebelliousness, nor with the faith and humility of their parents. So what did they give you instead? Obey, and you’ll be rewarded.

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Another Round of Lockdowns in China

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What’s occurring in China is brutal, but it’s not necessarily surprising. In many ways, the Chinese people have always been prisoners, regularly subjected to cruel and unusual punishments. Now, though, the people of Xi’an are literal prisoners, quite literally sealed off from society. When will they be freed? A week from now, a month, a year? Sadly, we don’t know.

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Three Days Late, the Supreme Court Strikes Down OSHA’s Vaccine Mandate

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“Respecting those demands may be trying in times of stress. But if this Court were to abide them only in more tranquil conditions, declarations of emergencies would never end and the liberties our Constitution’s separation of powers seeks to preserve would amount to little.”

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Canada’s Accidental Biosecurity State

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The Covid policies we see today in Canada are the product of pretending for two years that Covid can be stopped, that no trade-offs exist when it comes to Covid, and shunning debate on even the most obvious trade-offs and alternative Covid policies. The lack of attention to the human and economic costs of Canada’s Covid response has been appalling. 

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Why Is the Human Being Not Like a Machine?

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What Sotomayer said about machines and humans was not rooted in ignorance as such; it was the fulfillment of the delusions of countless intellectuals the world over for most of this century. She was summarizing countless papers and presentations in the form of a casual quip, thus revealing it for the fundamental insanity that it truly is. 

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Get the Courts Out of Science

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My highest hope is that the majority opinion here, if it goes the right way, will not be narrow and evasive, picking apart the mandate based on technicalities, but sweeping and fundamental. It should say in no uncertain terms that this mandate should never have been issued and that the court should never have to intervene in such matters in the future. 

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