Inside Volume 6, Issue 1

In addition to a slightly modified logo, volume six of The Journal of Law & Liberty begins with an article by Professor Heath Spong that gets at the heart of our journal's academic mission.

Individuality and Freedom: From Aesthetic Individualism to a Modern Approach provides a study of the conceptional relations and tensions between individuality and freedom. Beginning with an introduction to Mill's theory of aesthetic individualism, Spong provides an explanation of the weakness of Mill’s approach drawn from the work of Hayek. He endeavors to offer an updated interpretation of individuality, combining the understandings of both Mill and Hayek.

This modern approach builds on a scientific basis of individuality, an economic understanding of institutional costs and collective action problems, and proposes an alternative interpretation of how individuality can flourish without threatening the freedoms engendered by social order.

Meanwhile, Jonathan Horne explores Supreme Court jurisprudence on the resolution of interstate disputes relating to sovereignty over land and water in On Not Resolving Interstate Disputes.

He argues against the presumption that the Court has authority under the Original Jurisdiction Clause to award land or water. Instead, he notes that the Court has direct constitutional authority to remedy breaches of interstate peace, and thus, may, as a prophylactic remedy, award the land or the water. He believes the Court's resolution of these disputes can actually induce interstate aggression, discourage states from resolving disputes by themselves, and wastes time.

Finally, The Journal publishes a transcript of a discussion on "Litigation: The Future of Federal Preemption" among Michael S. Greve from the American Enterprise Institute, Professors Alan Morrison and Catherine Sharkey, and Daniel Troy, Senior Vice President and General Counsel from GlaxoSmithKline, speaking before the Federalist Society.

The Journal will be back this fall with an issue publishing scholarship from our symposium, Plain Meaning in Context.