Mark Pulliam

About Mark Pulliam

Mark Pulliam is a lawyer and commentator who fled California and now lives in Austin, Texas. He is a contributing editor at the Library of Law and Liberty.

Fake Law by Fake Judges

Brazen judges openly legislating from the bench are confirming the widely-held public perception that activist courts are out of control. As a lawyer practicing for three decades in the plaintiff-friendly stronghold of California, within the jurisdiction of the notorious Ninth Circuit, I witnessed many instances of judges—state and federal—slanting their decisions against disfavored

By | 2017-05-28T22:07:07+00:00 May 27th, 2017|

Plain Talk about Law School Rot

The legal academy is a strange place. It differs from other intellectual disciplines in that legal scholarship is published mainly in student-edited law reviews, not peer-reviewed journals. Most faculty members at elite law schools have never practiced law, or have done so only briefly and usually without professional distinction. The curricula at many

By | 2017-05-12T21:26:09+00:00 May 7th, 2017|

Republican Complacence in the Face of Public University Radicalization

Herein lies a cautionary tale. If publicly funded higher education can be hijacked in America’s most conservative state, under the noses of a legislature with lopsided Republican majorities in both houses, and with a Republican governor and Republican lieutenant governor, it can (and likely will) happen in your state—if you let it. Gregory

By | 2017-04-22T00:35:02+00:00 April 17th, 2017|

Can Activist Judges Be Controlled?

Congress failed in 1805 to impeach Justice Samuel Chase. But circumstances have changed. The disquieting spectacle of three unelected judges (all appointed by President Barack Obama) enjoining the signature initiative of the newly inaugurated President Donald Trump, without even citing the statute—8 U.S.C. section 1182(f)—that expressly authorizes the action they just stopped, has focused

By | 2017-03-20T15:34:45+00:00 March 20th, 2017|

Neil Gorsuch is Just Round One in the Fight for the Supreme Court

President Trump’s nomination of 10th U.S. Circuit Court of Appeals Judge Neil Gorsuch to the U.S. Supreme Court will be met by fierce resistance by Democrats in the Senate and unrelenting demagoguery from left-wing groups and media outlets. About that there can be no doubt. (American Greatness readers may recall a reference to Gorsuch in my

By | 2017-01-31T21:12:51+00:00 January 31st, 2017|

Libertarian Judicial Activism Isn’t What the Courts Need

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? These may seem like facetious questions, but libertarian legal scholars

By | 2017-01-03T14:32:49+00:00 January 3rd, 2017|

The Trump Court: SCOTUS Could Stand Some Disruption

What is Trump going to do? During the campaign, Donald Trump vowed to “drain the swamp” in Washington, D.C. He was referring primarily to halting the “revolving door” now used by high-level federal apparatchiks to secure lucrative lobbying positions on K Street after leaving government service. This is a laudable and overdue reform.

By | 2016-12-22T08:56:05+00:00 December 22nd, 2016|