Blog Posts


In re: Proud Boys: To Speak or Not -- A Conundrum

The so-called Proud Boys trial has finally started. A jury of twelve and three alternatives heard a half day of evidence last week. This week, the Government will present as many as a dozen more witnesses. In the weeks to come, a jury will hear evidence about the extent to which, if at all, the...

License Restored, for Now

On the ninth day of jury selection in the case of United States of America v. Joseph Biggs, et al, otherwise known as the Proud Boys insurrection case, my law license was suspended for six months by the same Connecticut judge who presided over the judicial train wreck involving Alex Jones and Sandy...


How Much Will Pennsylvania Pay Mr. Cosby?

The Supreme Court of the Commonwealth of Pennsylvania’s decision to vacate the conviction of Bill Cosby and discharge him is a stunning rebuke of the prosecution. Not only is his conviction reversed; the Commonwealth cannot try him again for the sexual assault of Andrea...

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...

Locke on Slavery: A Puzzling Set Of Assertions

John Locke’s Second Treatise of Government has little to say about slavery, but what is said is said early. Chapter Four, entitled simply enough, Of Slavery, is but a couple of pages long. Bear in mind that the Second Treatise was published in 1690; England did not formally...

The Brutal Cynicism of the George Floyd Settlement

The utter cynicism of the $27 million settlement of the George Floyd case is breathtaking. At the very least, there ought to be a public hearing to determine whether the criminal charges against Derek Chauvin should be dismissed.
Yes, Mr. Floyd died in police custody....

John Locke and the Basketball Analogy

The opening moves in John Locke’s Second Treatise of Government have dramatic and rhetorical appeal, even if they lack coherence. Strictly speaking, there was no “state of nature” in which fully capable and competent individuals struck bargains with one another. And...

Time For A Reckoning With John Locke?

I’ll never forget the thrill of first reading John Locke’s Second Treatise of Government, first published in 1689. (Its actual title is An Essay Concerning the True Original, Extent, and End of Civil Government; the essay is routinely published with an essay attacking Robert...

Will Trump Testify At His Second Impeachment Trial?

Although the second impeachment trial of Donald Trump has yet formally to begin, I can say this much: The House managers’ impeachment trial brief wins my vote as the better of the two briefs filed.
First a word on process.
An impeachment...

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