Rule of Law

December 21, 2018|clinics, Language of Law, Legal Education, legal profession, Rule of Law, Samuel Moyn, Thorstein Veblen, universities

The Embedded Left-Liberal Assumptions of the Legal Academy

by John O. McGinnis|

Sterling Law Library, Yale Law School, New Haven, CT (Bill Perry/Shutterstock.com).

Samuel Moyn's assumptions about the purpose of law schools undermine both the profession and the rule of law.

June 7, 2018|arbitrary power, John Worboys, Parole, Rule of Law

Parole Undermines the Rule of Law

by Theodore Dalrymple|

Sherry Saye/Shutterstock.com

Horrific cases like that of John Worboys should remind us that the current systems of parole are dangerously arbitrary.

April 18, 2018|Bureaucracy, cyber warfare, Military, Rosa Brooks, Rule of Law

Blurred Lines in Contemporary Warfare

by John Kitch|

A U.S. Navy MQ-4C Triton surveillance drone at NAS Jacksonville, October 26, 2014 (Michael Fitzsimmons / Shutterstock.com).

There seems to be an inevitable erosion of limits to military power in the United States, and Rosa Brooks helps us understand how this happened.

April 5, 2018|Benjamin Barber, Friedrich Hayek, local government, Mark Pennington, Rule of Law

The Challenge of Limited Local Government

by Garreth Bloor|

City Hall, Los Angeles, California (Sean Pavone / Shutterstock.com)

Classical liberals love to talk about limiting government power, but often forget to attend to doing this at the local level.

February 14, 2018|Class Action, institutional reform litigation, M.D. v. Abbott, Rule of Law

Institutional Reform Litigation and the Demise of Democracy: Part II

by Mark Pulliam|

The Fifth Circuit should overrule the federal district judge in M.D. v. Abbott and put an end to the judicial interference with Texas’ foster care system.

January 16, 2018|Criminal Law, Hayek, Jury Nullification, Rule of Law

Jury Nullification: Good or Bad?

by Mark Pulliam|

When jurors disregard their instructions, are they promoting liberty—or anarchy?

January 15, 2018|DACA, Donald Trump, Dream Act, Executive Power, Judge William Alsup, Marbury v. Madison, Ninth Circuit, Obama administration, Rule of Law

The Constitutionalism of Caprice

by Greg Weiner|

Presidents come and go but so, as defenders of DACA ought also to know, do judges.

January 3, 2018|Leo Tolstoy, Rule of Law, Russian Revolution, Soviet Communism, Vasily Maklakov

The Doomed Cause of a Russian Liberal

by Kenneth D.M. Jensen|

Maklakov’s story is one of political moderation, coupled with an acute appreciation of the difficult concept of rule of law.

December 18, 2017|Citizenship, Common Law, culture, Education, Roger Scruton, Rule of Law, Tradition Project

Tradition, Culture, and Citizenship

by Sir Roger Scruton|

Statue of Richard the Lionheart on Old Palace Yard, outside the Palace of Westminster.

A society of ordered liberty is held together by high notions of tradition, culture, and citizenship.

December 14, 2017|Constitution, Judicial Review, Rule of Law, Separation of Powers