I just felt the need to make a quick comment on the recent ruling by a Court holding that the Brexit vote was not valid without a vote by Parliament. This was a very odd ruling for several reasons, the most interesting being that the British government is not at all structured like ours. Despite […]
Archives
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“God save the…Country”: The Courts and Brexit
04 Nov 2016
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Buried in Red Tape and Administrative Law
30 Sep 2016
I am just getting around to reading a book I have meant to read for over a year, Is Administrative Law Unlawful? By Philip Hamburger (University of Chicago, 2014). Besides, this is also a good time to raise the whole issue of administrative rulemaking, regulations and judicial hearings, something that in the last 70 years […]
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Rule of Man: Addendum
15 Jul 2016
Earlier in the week I wrote a post about the decline of the rule of law and increase in the rule of man in the United States’ governing structure. I would like to continue that thought as it related to the individual human being. Question: Why is the rule of law so important? Answer: Because […]
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The Progressive Dream: In Reality
30 Jun 2016
In the period from about 1890 to 1920, labeled the Progressive Era, political thinkers, economists (a new profession then) and public intellectuals told Americans and Europeans that the best way to get efficient government that actually worked was to create independent boards, commissions and other similar organizations. We were told they would be free from […]
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What Happened on the Way to Richard Posner?
29 Jun 2016
Way back in the late 1970s, when the Law and Economics movement was really getting underway, one of the “stars” of that intellectual movement was Richard Posner, a law professor at the time, and one interested in hos economics might be applicable to law. At the time, I was also developing an interest in economics, […]
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Some News of the Day/Week
19 May 2016
The following is just a little briefing that focuses our attention on some important recent issues (or at least what I think is interesting): Full disclosure: I am not a prolific user of social media, and I sometimes look down (secretly) on those who are—maybe I am really just jealous and I certainly am technologically […]
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Religious liberty is seemingly coming under greater attack, either culturally or legally. As of now, a good many of the instances of this attack are represented in opposition to Christian attempts to claim what we may call “conscience rights.” What is conscience, that which someone called “that little voice in our heads”? What legitimate role […]
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A major part of the Dodd-Frank bill that Mr. Obama and the Democratic congress of 2009-2010 was the creation of an agency to protect consumers, the Consumer Financial Protection Bureau (CFPB). Dodd-Frank was troubling enough; I’ll not delve too deeply into that murky mess other than to note the irony of the financial reform bill […]
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A Test for “Conscientious Objectors”
19 Apr 2016
It’s time to revisit the issue of LGBT rights and legislation to protect individuals from prosecution for refusal to provide some service or good to a homosexual or homosexual couple. As many know by now, both Georgia and North Carolina passed legislation that would either restrict public restroom use to biologically determined individuals or would […]
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Since President Obama has nominated someone for the Supreme Court vacancy, it is tim we took a look at his judicial philosophy. First, a little about him personally and professionally. Judge Merrick Garland was born in Illinois, raised near Chicago, received his law degree from Harvard, one of the usual cast of schools from which […]