Tyler Broker
Posts by Tyler Broker
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Constitutional Law
The Legal Encroachments By The Federal Government Upon State Domain We Should All Care About
The principle of states' rights has of course been utilized as a pretext for ignoble purposes. That doesn’t make every intrusion by the federal government a noble endeavor though. -
Courts
The Distortion Surrounding Espinoza v. Montana Has Reached Biblical Proportions
The campaign to reframe anti-establishment liberty as a discrimination against religion already has a win under its belt, and seems poised to win big again this week at the Supreme Court. - Sponsored
How Savvy Lawyers Build Their Law Firm Rate Sheet
Many attorneys are clueless. Here's how you can avoid being one of them. -
Courts
Space Law Can Only Be Libertarian Minded
The benefits that space can offer are far greater than any benefit currently attributed to any major policy proposal being discussed at the national level.
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Constitutional Law
Accountability For Constitutional Violations Likely Has To Start With The Trivial
Accountability in practice has always been difficult, yet evidence indicates incremental progress can be a powerful tool. -
Constitutional Law
The Law Of Personal Responsibility And The Illusion Of Free Will
The state of Massachusetts has created a duty, under criminal penalty, for minors and young adults to alleviate harmful psychological treatment. -
Courts
The (Legal) War Against Nonbelievers
In all too many courts, designating nonbelievers to second-class status is not only acceptable, it appears to be part of a broader campaign of demagoguery. -
Constitutional Law
An Originalist Case For Presumptive First Amendment Protection Of Pornography
A free speech guarantee applied with an originalist lens requires robust, evidence-based procedures that modern porn prohibitionists cannot satisfy. -
Constitutional Law
Tucker Carlson Draws A Line
In the last year, the pundit has embraced victimhood populism, claimed the problem within the United States is market capitalism, and now advocates that we should take Russia’s side when it comes to Ukraine. - Sponsored
Not All Legal AI Is Created Equal
Artificial intelligence is on lawyers’ minds as they evaluate how advancements in technology will affect their work. This white paper examines 5 things to consider… -
Immigration
Nationalism Seeks To Eradicate The Light Of Reason And The Love Of Liberty
No evidence, or economic motive, justifies restricting immigration to the United States. -
Constitutional Law
A Religious Bigot In Power Plays The Victim
In a speech where he demonized all those who do not subscribe to his religious 'moral' teachings as the direct cause of all the country’s problems, William Barr also claimed to be the victim. -
Government
How Is This President Not A Socialist?
Having contempt for property rights, imposing the highest tax increase in the post-World War II era, and prioritizing government handouts is a-okay in MAGA world -- and the reason why is as gross as you might imagine. -
Politics
Automation, UBI, And The Future Of Human Labor
A brief exchange between candidates Sen. Elizabeth Warren and Andrew Yang regarding the threat automation poses to future human employment deserves more of our attention. -
Courts
Originalism Currently Lacks Intellectual Integrity
At its moment of triumph, the judicial philosophy of Constitutional originalism has already become what it claims to oppose.
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Trust The Process: How To Build And Manage Workflows In Law Firms
If you’re feeling inefficient but don’t know why, this episode of the Non-Eventcast is for you.
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A Law Firm Checklist For Successful Transaction Management
The questions to ask to make transaction management your competitive advantage.
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How Savvy Lawyers Build Their Law Firm Rate Sheet
Many attorneys are clueless. Here's how you can avoid being one of them.
Sponsored
Sponsored
How To Build And Manage Your Law Firm Rate Sheet
If you’re struggling with price setting — or, resetting prices — we’ve got the strategies to get you off the schneid.
Sponsored
Not All Legal AI Is Created Equal
Artificial intelligence is on lawyers’ minds as they evaluate how advancements in technology will affect their work. This white paper examines 5 things to consider…
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Crime
Sentencing Reform Serves The Interests Of Victims And Safer Societies
Instead of invoking subjective, unequally applied concepts of 'mercy' within our harsh system of criminal sentencing, victims and society would be better served by simple pragmatism. -
Constitutional Law
Anti-Establishment Liberty Is Not A Discrimination Against Religion
The issue in Espinoza v. Montana Department of Revenue is being distorted by atextual and ahistorical nondiscrimination principles. -
Drugs
How The Drug War Corrupts Our Institutions
The evidence has been compelling for decades that the policy of drug prohibition corrupts our institutions into creating more harm rather than mitigating it. -
Courts
The Loss Of Civility
It is no coincidence that the same figures who seek to enact gratuitously cruel policies or deny fundamental liberties are always the ones opining about a loss of 'civility.' -
Women's Issues
The Principles Of Poverty
The extent to which poverty relates to women possessing control over their own procreation decisions should embolden the removal of institutional barriers to birth control; instead, the exact opposite has occurred. -
Constitutional Law
Gross Hypocrisy Is No Longer A Political Sin, And Other Reflections On A Year Gone By
It’s Tyler Broker’s one-year anniversary here at Above The Law, so he felt compelled to take some perspective. -
Government
The Religious Right Is Leading Us Off Valuable First Amendment Rails
Some litigants are allowed to play by different rules when it comes to the First Amendment.