Paul Ryan: Restoring the Rule of Law
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Paul Ryan, with a very, very good speech on the importance of the Constitution and on the primacy of the rule of law, in our political and economic system.
Usually, our defense of the Constitution is presented as a defense of America’s founding principles and values, and rightfully so. But our constitutional system is …
No “Fundamental Right” to Own a Cow, or Consume Its Milk
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Wisconsin Judge Patrick J. Fiedler, on your fundamental rights.
“This court is unwilling to declare that there is a fundamental right to consume the food of one’s choice without first being presented with significantly more developed arguments on both sides of the issue.”
“no, Plaintiffs to not have a fundamental right …
Why ‘Caylee’s Law’ Is A Bad Idea
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Because many people reacted with anger to the Casey Anthony verdict, lots of state legislators saw a chance to be a hero to parents everywhere. More than 30 states have pending legislation to implement “Caylee’s Law”—an attempt to make sure that the next Casey Anthony gets punished as harshly as everyone thinks the real Casey …
Bad Evidence in the Casey Anthony Trial
How confident are you that Casey Anthony was guilty? Now, what if I told you that a key piece of prosecution evidence—that she searched for information about “chloroform” more than 80 times—was wrong?
Assertions by the prosecution that Casey Anthony conducted extensive computer searches on the word “chloroform” were based on inaccurate data, a …
Another Poppy Seed-Based Child Abduction
Another Poppy Seed-Based Child Abduction
For the second time in a year, Lawrence County Children and Youth Services has been accused in a federal lawsuit of removing a child from a mother’s custody after a positive test for opiates allegedly triggered by poppy seeds.
Eileen Ann Bower, a Lawrence County resident …
Silly Unions, Act 10 Doesn’t Violate Civil Rights
After Governor Walker’s budget repair bill (AB-10) was re-instated by the Wisconsin Supreme Court, our unions immediately ran off to Federal court to claim civil rights violations.
At the time, I thought that their case was exceedingly weak and more in the vein of a stupid Hail Mary attempt than a serious effort at practicing law. …
A Washington Power Breaker
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CQ has a very nice profile of Randy Barnett, libertarian legal scholar. I’ve been a fan of Randy Barnett ever since I read his 2005 book Restoring The Lost Constitution. (Which, Amazon helpfully reminds me, I purchased on December 26, 2004.)
In less than two years, Barnett, 59, has accomplished what few law professors …
Unions: A Right to a Union?
Do workers have a right to unionize? If a legislature changes the law to remove collective bargaining, does that deprive workers of their rights?
It depends. It depends on which rights you’re talking about and on which rights the law covers.
There are two kinds of rights. The first kind is negative rights. Negative rights either permit …
Congress Can Regulate Your Thoughts
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That, at least, appears to be the logical outcome of Tuesday’s ObamaCare ruling, from Judge Gladys Kessler, of the D.C. District Court.
As previous Commerce Clause cases have all involved physical activity, as opposed to mental activity, i.e. decision-making, there is little judicial guidance on whether the latter falls within Congress’s power…. However, this …
Did the Madison Union Strike Illegally?
This morning, on Facebook, I said that I was glad that the teachers would be ending their illegal strike tomorrow. But have Madison’s teachers been illegally striking? After further research and reflection, I don’t think they have been but I do think their actions came very close to a strike. A strict reading of the …