The 1905 Supreme Court case Lochner v. New York has long been a lightning rod for the claim that unelected judges have no place in our Constitutional system striking down laws purporting to ensure public health and safety. The periled precedent played its part this week as UT Law student Noah Horwitz dutifully deployed it against […]

Eminent domain—It is a term evocative of aristocracy from a bygone era, one that should be written in gilded script that graces an old regal manuscript. This word association is perhaps accurate given what the term represents in legal parlance: the government’s ability to expropriate the territory of its citizens. In the United States, this […]

Last November, then Vice President Elect Mike Pence took his family to a production of the Broadway musical Hamilton. The Broadway audience being what it is, his entrance was met with a spattering of boos. The Broadway cast being what it is, they took the opportunity to make a special entreaty to the victorious candidate […]

Good morning; let’s talk about tax policy!  One of the ways Senator Bernie Sanders has offered to finance his suggested health care plan is a wealth tax. A wealth tax does what it says on the box: taxes assets, as opposed to our current tax structure, which taxes income. This is far from the first […]

Yesterday, we published a post I wrote about the troubling state of civic life in today’s environment of identity politics. The same morning, Above the Law published a piece that illustrates the follies of tribalism I intended to condemn in my post. In what is either an attempt to create controversial click-bait or simply a […]

Reflections on division in the United States.

On September 13, 1810, William Cushing passed away in Scituate, MA. Cushing had served his nation in a number of important and prestigious roles: Chief Justice on the Supreme Judicial Court of Massachusetts during the Revolution, one of the six original Associate Justices of the Supreme Court of the United States (where he served for […]

I will save you and you shall be a blessing. –Zechariah 8:13 From everyone to whom much has been given, much will be required; and from the one to whom much has been entrusted, even more will be demanded. –Luke 12:48 With great power comes great responsibility. —Benjamin Parker As we explain elsewhere, we here […]

Attorney General Jeff Sessions announced Tuesday that the administration will end the Deferred Action for Childhood Arrivals initiative begun by its predecessor. DACA provided otherwise law-abiding illegal aliens brought here by their parents some relief from the fear of deportation, along with work permits and sundry other benefits. Much of the controversy so far focused […]

This essay is part II of a series authored by Tanya Abrahamian looking at the expansion of takings following the Supreme Court’s decision in Kelo v. New London. The essays support a reversion to a narrow conception of public use by describing the economic underpinnings of the authority and by countering what it deems to […]