Category Uncategorized

House Member Chaffetz Wants You To Buy Him A House

Retiring Congressman Jason Chaffetz announced, on his way out the door, that he believes Congress should provide themselves a $2,500 housing allowance, in order to better cope with the obnoxious cost of DC accommodations. Since congressmen maintain a residence in the District in addition to their household commitments back home, the logic goes, the excessive […]

Crying Havoc

Continuing the long tradition of hackneyed attempts to “make Shakespeare relevant,” Shakespeare in the Park this summer chose to stage its production of Julius Caesar with an eye towards current events. The conqueror of Gaul was therefore rendered with ginger hair and a red tie worn long enough to conceal ones manhood. Considering the probable […]

The Ratings Are Through the Roof!

Marco Polo describes a bridge, stone by stone. “But which is the stone that supports the bridge?” Kublai Khan asks. “The bridge is not supported by one stone or another,” Marco answers, “but by the line of the arch that they form.” Kublai Khan remains silent, reflecting. Then he adds: “Why do you speak to […]

Imagine A Boot Stamping On A Human Face, Occasionally

George Orwell once pointed out that fascism, in contemporary usage, no longer held any meaning beyond “thing I do not like.” He published that essay in 1944. Matters have not improved much since. To clarify for the record: Fascism was a European movement of the 1920s and 1930s, particularly in Italy, in part in Spain. […]

The Privilege or Immunities Clause, Originalism, and Gender Equality

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States . . . . U.S. Const., amend. XIV In 1873, in The Slaughter-House Cases and Bradwell v. Illinois, the Supreme Court took a sledgehammer to the idea that the Privileges or Immunities Clause of […]

“I Was So Much Older Then, I’m Younger Than That Now”

“Law is but the means, justice is the end.”[i] This is Georgetown Law’s motto. Consider also, however, this statement from Justice Oliver Wendell Holmes: “I hate justice . . . I know if a man begins to talk about that, for one reason or another he is shirking thinking in legal terms.”[ii] I’d like to […]

Federalism 2: The Revenge

In 1993, Congress passed the Brady Handgun Violence Prevention Act. Among its various initiatives, it provided for the creation of a national background check system by which to screen prospective gun purchasers. This created a dilemma, however: the United States is a mess of separate and overlapping jurisdictions, and most crime is dealt with at […]

Leftist Fundamentalism

There are liberals, and then there are leftists. Liberals, as the name suggests, are open-minded, willing to engage with ideas they might not agree with, appreciative of authentic pluralism, and capable of co-existence alongside individuals with whom they may not necessarily be ideologically, religiously, or morally aligned. Leftists, on the other hand, are rigid ideologues […]

“I Was So Much Older Then, I’m Younger Than That Now”

“Law is but the means, justice is the end.”[i] This is Georgetown Law’s motto. Consider also, however, this statement from Justice Oliver Wendell Holmes: “I hate justice . . . I know if a man begins to talk about that, for one reason or another he is shirking thinking in legal terms.”[ii] I’d like to […]

Missing the Mark on Originalism (and Gorsuch)

I do not know David Rudenstine. According to the small biographical blurb appearing at the end of a National Law Journal article appearing yesterday, he is a professor of law at Cardozo. I am sure he is a good professor, well liked by peers and students alike. However, he evidently does not know much about […]