MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

Follow us

Month: January 2018

Free Speech for Me, But Not for Thee

In the name of “inclusion” and “diversity,” free speech has come under attack on many college campuses. Speech codes and “bias response teams” chill the expression of disfavored views. Yet college professors hold their own “academic freedom” in high…

Anatomy of a Witch Hunt: A Four-Part Series

For the past two and a half years, Texas Attorney General Ken Paxton has been subjected to a baseless, politically-motivated prosecution–a persecution, really. I explore the background of the case in a four-part series in The American Spectator, here, here, here, and here.

Jury Nullification: Good or Bad?

Should jurors be encouraged (or even allowed) to ignore the controlling law in a particular case to reach the result they believe is “fair” or “just”? This is a surprisingly controversial topic, which I explore in this post for Law and Liberty. Thanks to Instapundit (here)…

Justice Kennedy’s Too-Late Lament

Colorado authorities have fined a cake baker who refused to bake a wedding cake for a same-sex marriage on religious grounds. Justice Kennedy deplored this as anti-religious bigotry, but he started this long ago. I explain here.

Deferring Democracy: The DACA Decision

An unelected federal judge in San Francisco enjoined the Trump administration’s rescission of DACA? How does that work? The answer is judicial activism in the name of anti-Trump Resistance. Read more.