On February 28, 2019, I was honored to speak at the University of Virginia School of Law, at a day-long program sponsored by the UVA student chapter of the Federalist Society, entitled “The Future of Originalism: Conflicts and Controversies.” Congratulations to Jenna Adamson (President of the UVA student chapter), her colleagues, and the participating faculty, speakers, and moderators (including Judges Thomas B. Griffith, Diane S. Sykes, and John K. Bush) for planning and executing a terrific event. At lunch, Clark Neily and I debated the topic “Judicial Engagement v. Judicial Restraint: Equally Compatible with Originalism?” The moderator was UVA Professor Lillian BeVier.
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During the Gilded Age, so-called “captains of industry” such as Andrew Carnegie, John D. Rockefeller, and J.P. Morgan led an industrial revolution that transformed the nation with technological innovation, creating for Americans unparalleled improvements in the average standard of living and amassing great personal fortunes in the process. The spectacular success—and enormous power—of these newly minted tycoons earned them the sobriquet “Robber Baron,” even as their ruthless business tactics, such as Rockefeller’s cartelization of the oil industry through trusts, fostered new laws to regulate anti-competitive business practices, notably the 1890 Sherman Act. These measures are called “antitrust” laws, an often-forgotten tribute to the dynastic Standard Oil Trust, which at its peak controlled the refining of 90 to 95 percent of all oil produced in the United States.