MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Month: May 2017

Taming the Imperial Presidency

Going back to the tumultuous reign of Abraham Lincoln, political scientists have long been fascinated with the “Imperial Presidency,” and this interest was heightened further by the executive overreachthat characterized the administration of Barack Obama. Some scholars contend that the modern…

Fake Law by Fake Judges

Brazen judges openly legislating from the bench are confirming the widely-held public perception that activist courts are out of control. As a lawyer practicing for three decades in the plaintiff-friendly stronghold of California, within the jurisdiction of the notorious Ninth Circuit, I witnesse…

Darrow’s Dereliction

The reputation of Clarence Darrow (1857-1938) as one of the greatest of American lawyers rests largely on two courtroom performances: in the murder trial of Leopold and Loeb in Chicago in 1924, and the “Scopes Monkey Trial,” which took place in Dayton, Tennessee in 1925. Both were extensively…

Those Ever-Moving Goalposts

Since the unexpected—and, in certain circles, inconceivable—election of Donald Trump as President, federal courts have aggressively obstructed his executive orders on immigration, leading to complaints that activist judges are staging an insurrection or even a coup d’état against a Preside…

Plain Talk about Law School Rot

The legal academy is a strange place. It differs from other intellectual disciplines in that legal scholarship is published mainly in student-edited law reviews, not peer-reviewed journals. Most faculty members at elite law schools have never practiced law, or have done so only briefly and usuall…