MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Judicial Activism

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…

My Television Debut

It’s a far cry from Tucker Carlson, but yesterday I appeared on a new show being taped for Spectrum News, “On Topic,” with a UT law professor (Scott Powe) and local judge Gisela Triana (running against Justice Mike Toth for Place 6 on the Third Court of Appeals), on the subject …

Remembering Robert H. Bork

  Judge Robert Bork, who died in 2012, was a hero of mine. He was a legal giant–achieving great distinction as a practicing lawyer, legal scholar, law professor, Solicitor General, and judge on the D.C. Circuit. I proudly own autographed copies of his classics The Tempting of America (…

Liberty Forum on #MeToo and Sexual Harassment

My regular platform, Law & Liberty, recently hosted a “Liberty Forum” on the topic of #MeToo and the development of sexual harassment as a legal claim. The lead essay, entitled “Desire or Dominance?: Sexual Harassment’s Legal Maze,” was by Rachel Lu. The Liberty…

Having Your Cake and Eating It, Too

A slightly modified version of this article appeared in American Greatness on June 6, 2018 Justice Kennedy wants to have it both ways—promoting gay rights without the appearance of coercing those who object Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, decided by the U.S. Supr…

The Delusion of Good Faith Judging

The concept of written legal rules—of the law itself—assumes that their content is fixed and ascertainable. The rule of law likewise depends on citizens having advance notice of what they can and cannot do, pursuant to clear, knowable directives. Legal scholars expend enormous energy pontific…