MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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History & Culture

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 …

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 …

The Myth of Labor Union Victimhood

Employers were not primarily responsible for violence in labor disputes This essay originally appeared in Law & Liberty on August 12, 2019 (here). Thanks to Real Clear Policy (here)! In a prior post (here) I endeavored to dispel the widely-held myth of “government by injunction”—the not…

Inheriting the Wind, or Reaping the Whirlwind?

The so-called “elites” have been sneering at ordinary Americans for nearly 100 years, and we’re fed up A slightly abridged version of this essay originally appeared in Law & Liberty on July 17, 2019 (here). Thanks to Power Line! The events that occurred in Dayton, Tennessee …

The Campus Diversity Swarm

A slightly revised version of this essay appeared in City Journal on October 10, 2018. Thanks to Instapundit (here). Thanks to The College Fix (here). By the time a homeowner discovers a termite infestation, chances are that the destructive pests have already caused serious structural damage. So …

Alaska: America’s Last Frontier

My wife and I recently took a long road trip through Alaska–1500 miles in a rental car (4 x 4) over two weeks. We had a great time, saw a lot of wildlife and beautiful scenery, and hiked in Denali and the Kenai Peninsula. The best part was the people we met, who were invariably friendly, do…