Archives for May 2018

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An Epic Case, Its Not-So-Immaculate Concepcion, and a Few Thoughts on Conservative Jurisprudence

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U.S. Supreme Court (Travel Stock/Shutterstock.com).
In Epic Systems Corp. v. Lewis, the Federal Arbitration Act offered the court a second-best workaround to Erie's formless wasteland.

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Finding The Law

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Roman Motizov/Shutterstock.com
The common law understanding that what judges do is a matter of finding the law is enjoying a welcome return.

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Our Educational System: Should We Just Scrap It?

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(shutterstock.com)
Caplan’s proposal: Local and state governments should discontinue all funding of public education.

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Some States Embrace an Advisory Role for Their High Courts

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Texas Supreme Court
While the U.S. Supreme Court has declined to issue advisory rulings, some state courts embrace this power.

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Skin in the Review: The Hidden Asymmetries of Taleb’s Skin in the Game

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Nassim Nicholas Taleb speaks at Global Synergy Forum in Moscow, Russia, November 27, 2017 (Anton Gvozdikov/Shutterstock.com).
Nassim Nicholas Taleb offers a great deal of wisdom: it's unfortunate that it is obscured by painting with too broad a brush.

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The NFL Is Within Its Rights and Right

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Melinda Nagy/Adobe Stock
The First Amendment only protects us against the government, and that alone makes the NFL's case strong, but they're also correct to limit protest.

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With the Old Breed

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I’ve been reading With the Old Breed, Eugene Sledge’s classic account of his experiences in the battles of Peleliu and Okinawa. Many have come to know his story from the successful 2010 HBO Series The Pacific that relied in part on his diary of these two battles. Sledge enlisted for the duration of the war +6 months in 1943 and, owing to his intelligence, was part of a military training program at Georgia Tech. There he could have earned his degree and joined the war effort in a highly skilled position of some kind, remote perhaps from actual fighting. However, he withdrew from the program, as many of his fellow classmates did, and joined the Marines to fight as a rifleman. And so he did.  The narrative “Sledgehammer” provides is compelling, horrific, and fascinating.

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Sword of the Romantic Imagination: Kirk and Bradbury

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A vision of the Gothic, dieKleinert (alamy.com)
Two American authors who used the grotesque to re-enchant the world.

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Administrative Adjudication as a Violation of Due Process

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BCFC/Shutterstock.com
Due process requires that every person have their day in court, and because of this a central pillar of the administrative state might be unconstitutional.

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