MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Month: December 2018

Farewell to 2018

2018 was a busy year. For my main platform, Law & Liberty (where I am a contributing editor), I wrote 22 columns, falling slightly short of my goal of two per month. I had a major article published by the Texas Review of Law & Politics, a student-edited scholarly publication. I also had …

Beyond Janus: Revisiting the Unified Bar

A slightly edited version of this essay appeared in Law & Liberty on December 24, 2018–my last post of the year. (Here) Merry Christmas! Thanks to SCOTUSblog (here) and How Appealing. Also, thanks to Real Clear Policy (here). The era of Lathrop’s “goose-stepping brigades” is about…

The “Pulliam Effect”?

There is a struggle going on for Justice Brett Kavanaugh’s soul. Today, Linda Greenhouse, the famous New York Times reporter who covers the Supreme Court (and namesake of the “Greenhouse Effect”) tried to push Kavanaugh into the arms of Chief Justice John Roberts, replacing Just…

Kavanaugh: Too Soon to Be Reading Tea Leaves

This essay originally appeared in American Greatness on December 14, 2018 (here). Thanks to Instapundit! (here) And also thanks to How Appealing. (here) And SCOTUSblog (here). And Linda Greenhouse in the New York Times! (here) “Justice Brett Kavanaugh.” Savor those words: They were the culmin…

After Janus, What’s Next?

I have written about both Janus (the Supreme Court decision overruling Abood), and the common but often-overlooked practice of “release time” in public sector labor contracts. In a piece for Law & Liberty I combine the topics and suggest that “release time” may be subj…

Dire Measures for Dire Times

Texas’s cities are becoming “woke.” How do we save the rest of the state? The progressive nightmare I described in my City Journal article, “Woke City,” got even worse as a result of the November 6, 2018 election. A blue tsunami swept through Travis County, by a 70% to 30% m…