MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Month: May 2018

The Historical Origins of “Loser Pays”

  In this two-part series for Law and Liberty, I explore the historical origins of the so-called “American rule” (each side bears its attorneys’ fees in litigation), and its rest-of-the-world counterpart , the so-called “English rule” (loser pays). Part one is …

“Diversifying” the University of Texas

An abridged version of this post appeared in City Journal on May 14 as “Hard Left at UT.” The City Journal version was featured in the Wall Street Journal‘s “Best of the Web.” And it was quoted in a piece by Charlotte Allen in Minding the Campus. The topic of out-of-…

Something is Amiss at UT Law School

I have great affection for my alma mater, the University of Texas School of Law, and am grateful for the excellent, affordable, and life-changing education I received there. I have previously reminisced about my student years (here and here), and from time to time have also offered some construct…

Who Runs the Legal Academy?

Law schools are becoming social justice academies, and the pursuit of “diversity and inclusion” is the Orwellian excuse for imposing conformity, identity politics, and leftist Groupthink. In Law and Liberty, I began a series of articles on the legal academy, beginning with this post. …