The eternal temptation to read one’s own values into the Constitution beguiles even religious conservatives espousing “natural law” A revised version of this essay originally appeared in the April/May 2020 issue of Chronicles as “Faux Originalism” (here). Thanks to How Appealing…
Year: 2020
Litigation Nation?
If America is defined by its legal system, why are lawyers so unpopular? This essay first appeared in Law & Liberty on April 10, 2020 (here) as “A Paean to the Great American…Lawsuit?” Thanks to Power Line, and Overlawyered! Americans have always been litigious. Tocqueville …
“Reforming” Conservatism Should Not Include Embracing the New Deal
And, no, FDR is not a conservative icon Thanks to Instapundit (here), and to Conrad Black for his response in American Greatness (here), the New York Sun (here), Newsmax (here), and Real Clear Policy (here). Black says that my essay was “a very perceptive summary of the fragmentation of the…
Is “Progressive Theology” a Religion, or Just a Euphemism for Socialism?
In the name of promoting “Christian ethics,” woke academics peddle Marxist economics to gullible students at high-priced liberal arts colleges. Recent events at Maryville College serve to illustrate this. Thanks to Real Clear Policy (here), The College Fix (here), and Instapundit (here). When…
There Is No “Conservative Case” for Labor Unions
My Law & Liberty colleague, James Rogers, makes an unpersuasive case for collective bargaining Thanks to Cafe Hayek (here) and Real Clear Policy (here). James Rogers’ “prudential, conservative case” for labor unions (“Crony Capitalism & the Case for Labor Unions”) rests on certa…
Is America Ready for Polygamy?
“Plural marriage” has long been regarded as an abomination, for good reason This essay originally appeared in The American Spectator on February 29, 2020 (here). Utah, where 60 percent of the population belongs to the Church of Jesus Christ of Latter-Day Saints (LDS), is considering the decri…
The ERA Is Back?
Will bellbottoms, platform shoes, and disco enjoy a similar revival? Don’t count on it; only some retro fashions qualify as “woke.” A slightly revised version of this essay first appeared in Law & Liberty on February 28, 2020 (here). Thank you, Power Line! The Equal Rights Amendment, a …
Are Labor Unions Outmoded Institutions?
Still engaged in an atavistic class struggle, organized labor operates as a monopoly—long outlawed in every other sphere of the economy This essay originally appeared in Law & Liberty on February 5, 2020 (here) On January 1, a law took effect in the union stronghold of California that poses…
The Federalist Society Is Under Attack (Again)
A slightly different version of this essay first appeared in Law & Liberty on January 29, 2020 (here). Thanks to How Appealing, Legal Insurrection (here), and Real Clear Policy (here). As has been widely reported, a recently-released draft advisory opinion of the Committee on Codes of Conduct…
Making the Cover of The Independent Review
Thanks to the Tom Woods Show for inviting me to discuss this article (here). Last year, Professor Stephen Presser—then a visiting scholar at the University of Colorado—invited me to deliver a lecture to his students on a topic of my choice. As a retired labor lawyer, I chose the mythology of …