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Libertarian Judicial Activism Isn’t What the Courts Need

By Mark Pulliam | Jan 4, 2017

Were the Founding Fathers anarchists? Did the ideas contained in John Stuart Mill’s On Liberty, published in 1859, somehow inspire the delegates to the Constitutional Convention in 1787? Does the Constitution contemplate Robert Nozick’s minimal state, presaging his 1974 magnum opus Anarchy, State, and Utopia?

Racial Quotas at the Texas Bar Are Illegal and Unwise

By Mark Pulliam | Dec 29, 2016

No white males need apply for an opening on the state bar’s board. Those seats are reserved for minorities.

Prospects for Constitutionalism

By Mark Pulliam | Dec 21, 2016

What are the prospects for constitutionalism and the rule of law under President Donald Trump?  In my estimation, quite good. Unlike some of my libertarian (or classical liberal) friends, I didn’t quake at the possibility of Trump’s election (as I explained here). His shortlist of potential Supreme Court candidates was outstanding, and his cabinet picks to date have been first rate. Of course, assessing the success or failure of Trump’s presidency will rest on the actions he takes and the pol

All Hail Breaks Loose

By Mark Pulliam | Dec 16, 2016

Mother Nature can be tempestuous. Florida faces the risk of hurricanes; Oklahoma bears the brunt of tornadoes; states bordering the Mississippi River endure flooding; California is prone to earthquakes. In Texas, the most common peril is hail, sometimes the size of golf balls (or even larger). Hail storms are rarely deadly, but they can inflict substantial property damage, especially to roofs and other exposed surfaces. Increasingly, hail storms in Texas are accompanied by another form of disast

If Republicans Really Want to Drain the Swamp, Here’s How to Do It

By By: Sen. Ted Cruz and Rep. Ron DeSantis | Dec 14, 2016

On Election Day, the American people made a resounding call to “drain the swamp” that is modern Washington. Yet on Capitol Hill, we seem mired in the same cycle of complacency: The game hasn’t changed, and the players remain the same. Thankfully, there’s a solution available that, while stymied by the permanent political class, enjoys broad public support: congressional term limits.

Small business is big business in Texas

By Gov. Greg Abbott | Nov 28, 2016

It takes more than capital to start a business.

Political Correctness Deep in the Heart of Texas

By Mark Pulliam | Nov 23, 2016

The widely disparate official responses to two recent campus protests at UT speak volumes.

Open Letter to the U.S. Senate: Oppose All Campaign Finance Riders to Funding Bills

By Brennan Center for Justice | Nov 22, 2016

Our organizations strongly urge you to oppose all campaign finance riders and other “poison pill” riders to any CR or omnibus bill to be considered in the remaining days of this Congress.  

Union Time, Taxpayer Dime

By Mark Pulliam | Nov 15, 2016

Across the country, public money pays for government-union officials’ political activities.

Texas Can't Alone Win Struggle for Life; Congress Must Cut Off Planned Parenthood’s Funding

By Sen. Ted Cruz and Lt. Gov. Dan Patrick | Nov 9, 2016

This month marks the 100th anniversary of the organization that we know today as Planned Parenthood. Please excuse us for not celebrating the occasion. Planned Parenthood, after all, is the largest abortion provider in America, accounting for one out of every three abortions. Over the course of its existence, Planned Parenthood has been responsible for the deaths of almost 7 million unborn children. And let's not forget that, just recently, employees of Planned Parenthood were caught on video di

A Lawless Labor Agenda

By Mark Pulliam | Nov 2, 2016

In prior posts, I looked at the pro-union agenda of the Obama administration’s National Labor Relations Board, and the anti-employer policies undertaken by the Equal Employment Opportunity Commission, Occupational Safety and Health Administration, and Department of Labor. The leadership of the Department by Thomas Perez deserves a closer look, for Secretary Perez has brazenly promoted the objectives of organized labor at the expense of the rule of law.

Freeing the False Claims Act

By Patrick Burns and R. Scott Oswald | Oct 27, 2016

Thirty years ago, President Reagan signed the False Claims Amendments Act of 1986, an anti-fraud measure whose extraordinary success is a timely reminder of what’s possible when Washington acts in a focused, bipartisan spirit.

First Amendment Freedoms Include the Right to Question Climate Change Science

By Texas Attorney General Ken Paxton | Oct 21, 2016

The Houston Chronicle’s recent editorial (“Work for Texas”, September 15, 2016) criticized my defense of the First Amendment rights of Texans in the State of Massachusetts’ lawsuit against Exxon Mobil.

Abusive ‘Access’ Lawsuits Spread

By Sick of Lawsuits | Oct 19, 2016

A third bill has been introduced in Congress to reform the Americans with Disabilities Act of 1990 (ADA) and the personal injury lawyers that exploit this federal law.

Obama’s Nanny State for Employers

By Mark Pulliam | Oct 10, 2016

In a prior post, I summarized the one-sided rulings of the National Labor Relations Board under President Obama, which are seemingly designed to bolster the declining ranks of organized labor in the private sector. Obama’s aggressive anti-employer agenda extends to other agencies having jurisdiction over the employment relationship: the Department of Labor, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Administration. Unlike the NLRB’s pro-union orientation,

Labor Pains

By Mark Pulliam | Oct 5, 2016

When thinking about the National Labor Relations Board under President Obama, most observers recall the 2014 decision in NLRB v. Noel Canning, in which the U.S. Supreme Court unanimously ruled that Obama’s kangaroo-court “recess appointments”—made when the Senate was not actually in recess—were invalid.

Don't Thread on Me

By Mark Pulliam | Sep 28, 2016

The Texas Supreme Court’s 2015 decision in Patel v. Texas Department of Licensing and Regulation, striking down a state law requiring at least 750 hours of training in order to perform commercial “eyebrow threading”—a form of hair removal mainly performed in South Asian and Middle Eastern communities—has generated substantial notoriety for the court and for the Institute for Justice, which brought the lawsuit challenging the law.

Grounds for Concern?

By Mark Pulliam | Sep 15, 2016

We have seen many examples of an “engaged judiciary” at the state court level, and it isn’t always pretty. Advocates of resuscitated constitutional protection for economic liberties—which were demoted to second-class status during the New Deal with the abandonment of the “substantive due process” doctrine in West Coast Hotel Co. v. Parrish (1937)—often argue in favor of a more rigorous standard of judicial review, across the board, when laws are challenged. This heightened judicial role is some

How lawyers scare people out of taking their meds

By Lisa Rickard | Sep 9, 2016

The television commercial begins simply: “This is a legal alert for the users of Xarelto.” Lawyers, the narrator says, are reviewing claims that the blood-thinning drug can cause “severe bleeding or hemorrhaging, stroke or even death.” If affected, viewers are advised to call a number on the screen. “You may have a case,” the speaker intones.

The Beguiling Myth of 'Mass Incarceration'

By Mark Pulliam | Sep 9, 2016

It is not surprising that those at opposite poles of the ideological spectrum generally view public policy issues—and proposed solutions—differently. What is surprising is when conservatives adopt the rhetoric of the Left (along with the accompanying narratives, memes, and canards) regarding a subject as important as criminal justice.

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