frankenstein

Dodd Frank’s Frankenstein Creeps Forward

This past week, a unanimous panel of the D.C. Circuit (Judges Kavanaugh, Pillard, and Rogers—Judge Kavanaugh writing) held that State National Bank of Big Spring, Texas (“SNB”) may proceed with its lawsuit challenging the federal Consumer Financial Protection Bureau’s authority on various constitutional grounds. The CFPB owes its existence and presumed authority to an excretion…

Demand a Politics of Innovation

2016 is shaping up as an election in which one of our parties will emphasize the need for growth and…

Public Servants and the Future of Reform: Michael Toth Responds

The state of Illinois, according to a recent article in the Chicago Tribune, is headed for a “pension doomsday.” So are other states.…

From the Blog

Mike Rappaport
University of San Diego School of Law

Global Warming: Lukewarmers, Consensus, and Personal Attacks

I am not a climate scientists, but like many others I have a position on…

The Unconstitutionality of Social Security and Medicare

Government social insurance creates some of the most serious problems in western style democracies.  At…

Executive Usurpation and the Iran Deal

Most of the commentary on the Iran deal has focused on whether it is desirable…

John O. McGinnis
Northwestern University School of Law

Demand a Politics of Innovation

2016 is shaping up as an election in which one of our parties will emphasize…

School Vouchers are a Victory for Liberty

The last hundred years have witnessed a great struggle between state control and more libertarian…

Antitrust versus Market Dynamism

Antitrust regulation of monopolies and mergers is largely a second-best policy. In a nation open…

Mark Pulliam
Attorney

Overruling Abood Will Correct a Travesty

My first two posts in this series discussed, respectively, the origins of the concept of…

The Road to Abood: Part II

My first post delved briefly into the history and significance of the concept of “exclusive…

The Road to Abood: Where Did the Supreme Court Go Wrong?

With this series of posts, I return to constitutional law issues that SCOTUS will address…

Liberty Law Forum

MADISON, WI - MARCH 12:  Thousands of demonstrators protest outside the Wisconsin State Capitol March 12, 2011 in Madison, Wisconsin. Organizers were expecting 200 thousand participants to attend the rally to voice their opposition to Governor Scott Walker public sector union reforms.  (Photo by Scott Olson/Getty Images)

Is It Curtains for Mandatory Public Sector Union Dues?

In America’s experiment with unionized government, 2005 was a watershed year. California was then in the second year of the Age of Arnold. Elected on a pledge to put the Golden State’s dysfunctional fiscal house in order, Governor Schwarzenegger terminated the car tax on his first day in office. In his first year, the Republican and…

Read More

Responses

Clawing Back the Right of Free Speech

Many say the Roberts Court has been exceptionally supportive of First Amendment principles. As Michael Toth ably details in his Liberty Forum essay, these principles have been at issue in two recent cases, Knox v. SEIU Local 1000 (2012) and Harris v. Quinn (2014). Both dealt with public employee unions and both were decided in…

Read More

Time to Drive a Stake Through the Heart of Mandatory Dues

Let me start with a disclaimer. I was once a member of a union—albeit involuntarily. During college, I responded to Southwestern Bell’s ad for a part-time, 20-hour-a-week graveyard shift job designing Yellow Pages advertisements. I was offered the position, but was required to join the union as a condition of my employment. Had I been…

Read More

A Great Example of Judicial Restraint

The Supreme Court is slowly but surely demonstrating, over a series of cases, that the First Amendment cannot plausibly be squared with public sector unions’ court-awarded power to require payments from non-members. The Court’s 1977 decision granting unions that extraordinary power, Abood v. Detroit Board of Education, is an anomaly that should be overturned next…

Read More

Public Servants and the Future of Reform: Michael Toth Responds

The state of Illinois, according to a recent article in the Chicago Tribune, is headed for a “pension doomsday.” So are other states. Across the country, unionized governments are a halfway house to nosebleed long-term pension and healthcare costs, giving politicians a Hobson’s choice. They can renege on existing collective bargaining agreements, hike taxes, or pare back social…

Read More