Law

The America We Seek: A Statement of Pro-Life Principle and Concern First Things, May 1996: A group of authors, professors and organization leaders state their united concern in this document for America's unborn children. They describe the many problems with the current status of abortion on demand. They also address possible solutions to thi
Antifederalist No. 78-79 Brutus: This prophetic essay, written during the founding era, argues that the Supreme Court would be too powerful as an unchecked judicial body.
April in Black and White First Things, June/July 1997: The author reflects on racial matters in contemporary America. He considers this topic as it is played out through a series of political and sports events over the course of a single month.
Assisted Suicide: No and Yes, but Mainly Yes First Things, March 1997: The Justice Department's brief to the Supreme Court over the issue of assisted suicide might seem ambiguous. The brief allows for the states to make exceptions to their homicide laws so that doctor assisted suicides would be permitted.
Bonhoeffer and the Sovereign State First Things, August/September 1996: Lutheran pastor Dietrich Bonhoeffer was one of the conspirators who planned an assasination attempt against Hitler in 1945. He was soon put to death by the Nazis. Bonhoeffer had a well developed political understanding which was strongly rooted in Luthe
Breaking the Law, Bending the Law First Things, June/July 1997: A judge acquits two clergymen for praying in front of an abortion clinic, a practice in violation of a court injunction and the Federal Access to Clinic Entrances Act. The same judge issued the injunction in the first place.
Bridging the Sacred and the Secular First Things, August/September 1996: "Bridging the Sacred and the Secular: Selected Writings of John Courtney Murry, S.J." is edited by J. Leon Hooper. It is reviewed by Joseph Komonchak. This book reprints twenty-eight of Murray's essays on subjects such as atheism, ecumenism and civil l
Capital Punishment Kerby Anderson: Looks at Old Testament Law, New Testament principles regarding capital punishment. Also, answers the question of whether capital punishment is just and whether it is a deterrence.
The Casey Court and Feminism The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
The Casey Court and the Perpetuation of Violence in Society The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
The Casey Court and the Reliance on Murder The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
The Casey Court and the Sexual Revolution The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
Civil Disobedience Kerby Anderson: Discusses biblical arguments for civil disobedience and presents the position of Operation Rescue and its opponents.
Conclusion The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
The Constitution of the United States of America: The text of the Constitution of the United States.
Correspondence (Selected) First Things, January 1997: Selected letters to the editor of First Things Journal regarding The End of Democracy symposium articles.
The Courts: Order in the Classroom First Things, August/September 1996: The author reviews several Supreme Court decisions over a twenty-five year period with regard to education. A key question in these cases is whether or not the schools properly play a parental role in the absence of a student's parents. It was during th
Crime in America Kerby Anderson: Documents the rise of crime in America. Discusses how to fight crime in your community.
Criminal Justice Leadership University Special Focus: With the Timothy McVeigh sentencing in, America is hotly discussing the issue of criminal justice. "Does Timothy McVeigh deserve to die?" Christian scholars and leaders are grappling over this issue and the issues of capital punishment and criminal reform in general. We have devoted this special focus to these important topics.
The Culture of Disbelief Don Closson: Can a politically liberal law professor write a book that advances the cause of the religious right? Stephen Carter's The Culture of Disbelief may do just that. This essay investigates just how this might happen.
Debriefing the Philosophers First Things, June/July 1997: This "Philosopher's Brief" advocates legalization of physician-assisted suicide based on the Supreme Court's Casey decision which strongly reaffirmed abortion rights.
Dehumanization Triumphant First Things, August/September 1996: What effect would the legalization of assisted suicide and euthanasia really have on America? The author claims that it would essentially give doctors a license to kill patients even without their consent. Holland has already has legalized assisted suic
Documented Power Leadership University Special Feature: This month we celebrate the American Constitution, the document that protects our most basic freedoms and serves as a beacon for those who love liberty around the world. What concerns should we have regarding our constitutional order as we look back over the latter part of this century?
The End of Democracy? A Discussion Continued First Things, January 1997: Conservative thinkers and activists (William Bennett and James Dobson, etc.) respond to published articles from a symposium entitled "The End of Democracy? The Judicial Usurpation of Politics."
The End of Democracy? The Judicial Usurpation of Politics A Compilation of Articles from First Things Journal: A compilation of the articles that ignited the controversy over the power of the Supreme Court.
Facing Up to Infantcide First Things, February 1996: Even abortion advocates are beginning to admit that abortion, although it should remain legal, is actually the killing of a child. The attempt to reconcile a belief in legalized killing with liberal "compassion" is most difficult. The author describes t
Federalist No. 78 Alexander Hamilton: The argument regarding a weak Supreme Court and a defense of the judicial power under the Constitution.
God and Man At The Supreme Court: Rethinking Religion in Public Life Kevin J. Hasson: The Supreme Court's attempt to privitize religion is re-examined. Can the the Court truly be neutral regarding religious issues?
Inconvenient Lives First Things, December 1996: Robert Bork re-examines the abortion question in this sweeping biological and philosophical discussion. He expresses concern with the current protected status of abortion on demand, as well as the broader cultural implications of such acceptance.
Introduction The Public Policy of Casey v. Planned Parenthood: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
It's All the Rage: Crime and Culture First Things, October 1996: This article is a book review of "It's All the Rage: Crime and Culture" by Wendy Kaminer. This book delivers a severe crititique of the way in which professional psychology is used in today's courtrooms. J. Daryl Charles provides a sympathetic review
Judicial Activism Issues Tearing Our Nation's Fabric: Chapter 14 of "Issues Tearing Our Nation's Fabric", exploring 25 key issues dividing the nation of America.
The Legal Logic of Euthanasia First Things, June/July 1996: Critics of abortion on demand have long maintained that the logic justifying this heinous procedure could also be used to rationlize other forms of medical killing. Abortion advocates, on the other hand, have dismissed this assertion as an example of dem
Let Us Live To Make Men Free Douglas Yeo: When the Lexington (MA) High School school newspaper and yearbook solicited advertisements from their community, Lexington Parents Information Network Chairman Douglas Yeo submitted ads which comported with the publications' advertising guidelines which encouraged students who remained sexually
Liability Insurance Crisis Kerby Anderson: This essay examines the current crisis with insurance-related lawsuits, and provides a biblical analysis.
Marriage Anyone? First Things, April 1996: If Hawaii allows same-sex marriages, then other states would have to acknowledge their legitimacy as well. Like abortion, this is a moral issue to be decided by the courts. Do gays and lesbians simply want the benefits that heterosexual couples enjoy,
Mock Medicine, Mock Law First Things, June/July 1996: The author discusses different points regarding the recent career of the infamous Jack Kevorkian. He asserts that most of this doctor's "patients" needed treatment for pain or depression, not assisted suicide. Further, he contends the cases brought agai
The Ninth Circuit?s Fatal Overreach First Things, May 1996: On March 6th 1996, the Ninth Circuit Court of Appeals in San Francisco delivered a provocative decision. It ruled that the Constitution guaranteed a "liberty right" to assisted suicide. What precedent did this sweeping pronouncement have? The Supreme Co
One Angry Man First Things, June/July 1996: The author reflects on the fact that he is continually called in for jury duty but is never actually selected as a juror. What do defense lawyers look for in a potential juror?
Opinion: A Stake in the Enlightenment; To Murmur Upon Name; Faithful for Life First Things, March 1996: Should the Enlightenment be blamed for shattering ethical certitudes and ushering in the moral relativism of our day? The author believes that this is largely the case. He also points out, however, that the Enlightenment brought an end to certain brutal
Opinion: The New Abortion Debate; Alone for Others; Trusting Laws, Trusting Others First Things, April 1996: The recent abortion debate has taken an interesting turn. Some abortion advocates have admitted that abortion is the taking of a human life. While on the other side, many pro-lifers have doubted the purpose of the continued effort to seek legal prohibiti
Overcoming Law First Things, January 1996: This article is a review by Phillip E. Johnson. He examines the book "Overcoming Law" by Richard A. Posner. Posner asserts his own theory of how judicial decisions ought to be rendered.
Playing Defense in Colorado First Things, May 1998: "Traditionally, critics of the Court have charged that its decisions are too often "political" or "unprincipled" or 'lawless.' The terms of the current debate, as developed in the pages of this journal and elsewhere, go further..."
Politics and Religion Kerby Anderson: This essay examines the role of politics and religion, and deals with the question of whether you can legislate morality. It concludes with biblical principles for social involvement.
Pride and Pessimism in the Courts First Things, February 1997: Our legal structure has proven to be largely libertarian on the one hand and yet interventionist on the other. On moral issues the law takes on a libertarian or lassez-faire approach. But in economics and contracts, there is a great deal of regulation.
The Public Policy of Casey v. Planned Parenthood Table of Contents: In the most recent U.S. Supreme Court case to review the constitutionality of legal abortion, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Court said in what is probably the key passage to the entire opinion that continued legal abortion was necessitated by the reliance of society on legal abortion. There are four problems with this central argument for legal abortion: The Court has made an argument that undermines the ultimate interests of feminism, the Court allows society to rely on abortion, which is murder, the Court is supporting the existence of the sexual revolution, and the Court is assisting in the perpetuation of violence in society.
Putting the Federal Judiciary Back on the Constitutional Track Edwin Meese III: The former U.S. Attorney General outlines the areas in which the Supreme Court has improperly exercised its judicial power. He also offers solutions on how the Court can be set back on the right path.
Radio Commentry: Vermont & Same-Sex Unions: The Ongoing Controversy Breakpoint: Vermont's Supreme Court ruled that treating homosexual couples differently than heterosexual couples violates their constitution's guarantee of equal treatment. The court dumped this hot potato in the lap of the legislature. It's a Hobson's choice.
Rain Without Thunder: The Ideology of Animal Rights First Things, October 1997: Book review of "Rain Without Thunder: The Ideology of the Animal Rights Movement" by Gary L. Francione. The author believes that the animal rights movement is not radical enough. Reviewed by Thomas Sieger Derr.
Reason in the Balance First Things, February 1996: This is a review essay of the book "Reason in the Balance: The Case Against Naturalism in Science, Law and Education" by Phillip E. Johnson. Reviewed by Nancy R. Pearcey. This book traces the influences of Darwinism over the last century.
Religious Liberties Issues Tearing Our Nation's Fabric: Chapter 19 of "Issues Tearing Our Nation's Fabric", exploring 25 key issues dividing the nation of America.
Religious Programs, Institutional Adjustment, and Recidivism Former Inmates in Prison Fellowship Programs: This study examines the impact of religious programs on institutional adjustment and recidivism rates in two matched groups of inmates from four adult male prisons in New York State. One group had participated in programs sponsored by Prison Fellowship (PF); the other had no involvement with PF. PF and non-PF inmates are similar on measures of institutional adjustment, as measured by both general and serious prison infractions, and recidivism, as measured by arrests during a one-year follow-up period. However, after controlling for level of involvement in PF-sponsored programs, inmates who were most active in Bible studies were significantly less likely to be rearrested during the follow-up period.
Remembering the Riots First Things, October 1997: The racial riots of the 1960's were said to have been caused by white racism. Did these riots lead to greater understanding between the races? Or did they cause further racial divisiveness? The author answers these questions in this essay.
Rights Without Right First Things, November 1996: The movement in modern society towards subjectivity in moral and legal issues is most disturbing. How do we reign in our most dangerous passions in an atmosphere of unrestrained permissiveness? We must, the author contends, look back to one of our grea
Same-Sex Marriage: As Hawaii Goes . . . First Things, April 1997: The issue of same-sex marriage is boiling over in Hawaii and elseswhere. The author traces the development of the same-sex marriage movement. Despite majority disapproval, same-sex marriage could soon be legal in all fifty states by court fiat.
Securing Religious Liberty First Things, April 1996: "Securing Religious Liberty: Principles for Judicial Interpretation of the Religious Clauses" is a book by Jesse H. Choper. It is reviewed here by William Bentley Ball. The author, a premier constitutional scholar, presents four principles that he belie
The Supreme Court 1997: A Symposium First Things, October 1997: This symposium consists of articles by legal scholars regarding the key Supreme Court decisions of 1997. The cases involved the issues of religious freedom and the "right" to suicide. Robert Bork and Hadley Arkes are among the respected participants.
Symposium: The End of Democracy? The Judicial Usurpation of Politics Our Judicial Oligarchy: The Supreme Court, argues Robert Bork, continues its efforts to dismantle the Constitution. This elite judicial body has evolved into an unchecked entity that continually thwarts the democratic process. Does the Supreme Court really possess a superior
Symposium: The End of Democracy? The Judicial Usurpation of Politics A Crisis of Legitimacy: The Supreme Court in recent decades has defined its own scope of power and then used it outside of the constitutional order. It is time to challenge the legitimacy of the Court's general direction and bring about a constitutional crisis.
Symposium: The End of Democracy? The Judicial Usurpation of Politics Kingdoms in Conflict: The Supreme Court, in its movement leftward, has all but labled God-fearing citizens as bigots. Those who call into question abortion on demand or legitimized homosexuality have repeatedly been the targets of criticism by the Court for the past two decad
Symposium: The End of Democracy? The Judicial Usurpation of Politics The Tyrant State: How does one reconcile democracy with moral law? This question, raised since the time of Plato, finds particular relevance in a contemporary society that has called into question the most fundamental of beliefs. More so than ever, the Supreme Court is n
Symposium: The End of Democracy? The Judicial Usurpation of Politics A Culture Corrupted: As was done with the abortion issue through Roe v. Wade, the Supreme Court may have irreversibly advanced the agenda of gays and lesbians in its Romer v. Evans decision. This ruling may be used, in effect, to force the states to recognize the legitimacy
Teen Drug Abuse Kerby Anderson: Examines drug abuse among teenagers and provides guidelines for fighting the drug battle. Also considers the arguments for legalizing drugs. Concludes with a biblical perspective on drugs.
Terrorism Kerby Anderson: Looks at terrorism and provides biblical justification for dealing with terrorists based on Romans 13. Also addresses Constitutional issues.
To Reclaim Our Democratic Heritage First Things, January 1997: The editors of First Things provide this rebuttal to those who believe "The End of Democracy?" went too far.
Trial and Error: The ACLU and Religious Expression The Real Issue, March/April 1994: George Grant explores the ACLU's position against the Christian faith. He documents what he calls "their discriminatory intolerance" towards Christianity.
The Truth about Crime and Welfare First Things, August/September 1996: The author, having worked in the criminal justice field for some time, shares his thoughts about the current American prison system. He also suggests reforms for welfare programs.
Victim's Rights Issues Tearing Our Nation's Fabric: Chapter 23 of "Issues Tearing Our Nation's Fabric", exploring 25 key issues dividing the nation of America.
We Hold These Truths: A Statement of Christian Conscience and Citizenship First Things, October 1997: To commemorate the 221st anniversary of the signing of the Declaration of Independence, a group of church and organization leaders put forth this statement to reaffirm the principles of that most distinctive of American documents.
What Is Law? A Century of Arguments First Things, April 2001: Explores the legal philosophy of the twentieth century.
When Rights Are Wrong First Things, April 1996: As the types of rights we protect has changed, the way we look at rights in general has changed. Until this century, almost all discussion of rights centered around the issue of property. Now, emphasis on property rights has greatly diminished. Instea
When Words Kill First Things, June/July 1996: Jewish law, tradition and sentiment demand the protection of each human life at virtually any cost. The author examines this principle in an historical context and even relates it to the assasination of Yitzhak Rabin.