Blog Posts


Let's Deconstruct Critical Race Theory

Rhetorical choices define our options in life. What you see conceptually is, in a sense, what you can aim at in terms of strategic behavioral choices. And so, in this era of so-called “Critical Race Theory,” I say we lay bare the choices the theorists are making. It’s...

Trump v. 230: Silly Legal Theories, But Right Target

Donald Trump’s suits against Facebook and Twitter are, unfortunately, about as likely to succeed as were his challenges to the 2020 election. In the election cases, his claims appeared to be frivolous. The social media complaints are far from frivolous, at least in intent. But the legal...

Death Comes Calling -- Again

Many years ago, a colleague of mine started a gruesome game, he called it death bingo. At the beginning of each year, he’d invite folks to submit names into a pool. At year’s end, the person who forecast the most deaths won.
I never played the game. It struck...

Can It Be True? Baseball Is Back!

I’ve been strung out and ornery for the past eighteen months. It started with pandemic and a shutdown of the economy, and the shuttering of the courts. All at once, a thriving law practice and all the controversy a contrarian could want came to a grinding standstill.
...

Yo, Can You Spare Forty Acres And A Mule?

It was obvious to me one year ago that the pandemic would yield a time of extraordinary social tumult. Indeed, just over one year ago, I wrote in these pages about the general strike theory of the pandemic, how the viral contagion would be turned into an occasion to try to recast the...

TLC: Time to End the Trouble in Paradise

Regular readers of this page know better than to expect consistency over time. I write what I think, and what I feel: My thoughts and feelings change over time. This inconsistency can breed ill-will. There are times I simply need to eat crow and say I am sorry, as I do now, to a man who...


Amend the Constitution to Bar Race-Based Transfer Payments

I wrote this almost a year ago. Friends thought I was howling at the moon. Now they think I was prophetic. Spread the word. We need to amend the federal Constitution to prevent race-based transfer payments and distribution of public goods. It was written as I watched the hullabaloo arising...

Locke's Radical Limits On Individual Rights

Libertarianism and individualism generally run hand-in-hand with a robust view of property rights. If the state is an artifice, then aren’t limitations on how much property individuals can acquire arbitrary and therefore suspect? Individualism and limited government are fast...

Playing With History: Neither A Jefferson Nor A Kinte Be

I have a confession to make: I never watched the television series “Roots,” nor have I read the Alex Hailey novel “Roots: The Saga of An American Family,” on which it was based. This despite the fact that the television series took the nation by storm in the late...

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