Center on Law & Justice

The United States was founded on the principles of individual liberty, representative and limited government, and the rule of law. Unfortunately, although many people today share the ideals of justice and fairness, public confidence in the nation’s justice system has fallen. This decline is an indication of deeper problems afflicting America’s legal institutions.

Consider the following:

  • Dissatisfaction with the criminal justice system is widespread, with polls showing that as many as 91 percent support criminal justice reform;
  • Although hope for meaningful reform is widespread, a racial divide separates Americans in regard to whether or not they view the criminal justice system as fair;
  • The civil justice system is also plagued with complaints, including junk science in the courtroom, venue shopping, no-injury class action lawsuits, high attorney fees, and the byzantine complexities that create barriers to access;
  • The public’s understanding of the framework that supports the justice system—the U.S. Constitution—is astonishingly poor, with a 2017 poll finding that more than one-third were unable to name a right protected by the First Amendment. The implications are startling, given a recent study finding that “civics knowledge predicts willingness to protect the Supreme Court.”

The United States is hardly alone in facing challenges to its legal system: the World Justice Project Rule of Law Index 2017–2018 reports a worldwide overall decline in the rule of law since 2016. These developments are cause for major concern. If people’s rights are vulnerable to political winds or cultural erosion, then the social cooperation and economic progress that rights-protection enables are also vulnerable.

The task of strengthening the rule of law—and other pillars of sound legal and governance systems—is thus imperative for maximizing freedom, opportunity, and well-being for people everywhere. So too is the need to develop a deeper understanding of justice and to examine promising innovations in law and governance.

The Independent Institute’s Center on Law and Justice was created to research and communicate the nature of law and justice; the problems facing legislatures, courts, and law enforcement; and the policy solutions that would better ensure “liberty and justice for all.”

The Center is guided by a fundamental mission: to advance free societies grounded in the dignity and worth of each individual. This aim is the reason why the Center examines not only topical problems and their remedies, but also deeper issues of jurisprudence and political philosophy, comparative legal and governance systems, lawmaking and implementation, and the pathways to a free society.

The following are some of the themes of the Center’s books, studies, op-eds, and media appearances:

  • The Western legal tradition and its counterparts around the world
  • The U.S. Constitution’s distinctive combination of federalism, separation of powers, and liberty protections
  • Threats to the Bill of Rights, including the freedom of speech and freedom of religion
  • The interconnected functions of individual rights, private property, and the rule of law
  • Conflict of visions: the presumption of liberty versus prior restraint
  • The role of civil society and self-governance in conflict avoidance, adjudication, and crime control
  • Community policing, privatization, and accountability in law enforcement
  • Unintended consequences of the war on drugs
  • Fostering greater reliance on contract law rather than tort law
  • Victims’ rights and restitution
  • Alternative dispute resolution and corrections
  • Making the rule of law resilient to political pressures
  • Innovation in law and justice, the frontiers of next-generation rule-making and governance

Center on Law & Justice Books

Center on Law & Justice People

Personnel

Stephen P. Halbrook
Senior Fellow, Independent Institute
William J. Watkins, Jr.
Research Fellow, Independent Institute

Senior Fellows

Bruce L. Benson
DeVoe Moore Distinguished Research Professor of Economics, Florida State University

Research Fellows

Dominick T. Armentano
Professor Emeritus of Economics, University of Hartford
Associate Professor of Government at Patrick Henry College
Jonathan J. Bean
Professor of History, Southern Illinois University
David T. Beito
Professor of History, University of Alabama
Erwin A. Blackstone
Professor of Economics, Temple University
Peter J. Boettke
University Professor of Economics and Philosophy at George Mason University
Patricia H. Born
Associate Professor in the College of Business, Florida State University
Richard A. Epstein
Laurence A. Tisch Professor of Law, New York University
Peter Gordon
Professor of Policy, Planning and Development, University of Southern California
James S. Kemper Professor of Risk Management, Georgia State University
Assistant Professor of Economics, Albion College
Edward J. López
BB&T Distinguished Professor of Capitalism, Western Carolina University
Roger G. Koppl
Professor of Finance in the Whitman School of Management, Syracuse University
Ian S. Lustick
Bess W. Heyman Chair of Political Science and Director of Graduate Studies in the Political Science Department, University of Pennsylvania
Thomas Means
Professor of Economics, San Jose State University
Roger E. Meiners
Professor of Economics, University of Texas, Arlington
Jeffrey A. Miron
Professor of Economics, Harvard University
Andrew P. Morriss
Dean and Anthony G. Buzbee Dean's Endowed Chairholder, Texas A&M School of Law
George W. Nicholson
Associate Justice for the Court of Appeal, Third District, State of California
James L. Payne
Research Fellow at the Independent Institute and Director of Lytton Research and Analysis
Professor of Economics and Law, Emory University
Assistant Professor of Economics, Duquesne University
Edward P. Stringham
President, American Institute of Economic Research
Mark Thornton
Senior Fellow, Ludwig von Mises Institute
Bruce Yandle
Alumni Professor of Economics Emeritus, Clemson University

Advisors

Adjunct Fellows

In Memoriam

Center on Law & Justice Contact

Center on Law and Justice
Independent Institute
100 Swan Way
Oakland, CA 94621-1428
510-632-1366 Phone
510-568-6040 Fax

Chairman and Chief Executive Officer, the Independent Institute
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About the Independent Institute Centers

Each center is tasked with assessing, refining, and proposing innovative solutions to pressing social and economic challenges. Our programs focus on three core components: rigorous scholarly research, insightful publications, and the strategic dissemination of findings to opinion leaders and the public through conferences and media initiatives.

By fostering evidence-based solutions, our centers encourage informed discussions that can be scrutinized not just by experts, but also by media influencers, business leaders, religious organizations, engaged citizens, and policymakers. Our goal is to promote rational, objective dialogue that sheds light on key issues and shifts public discourse away from interest-group politics.