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Posts Tagged ‘Lewrockwell.com’

A Few of My Favorite Things, 2014

In Arts & Letters, Book Reviews, Books, Fiction, Film, Humanities, Literature, Novels, Poetry, Politics, Writing on December 12, 2014 at 7:45 am

Allen 2

I sat down this week to consider my reading habits over the last year and to make reading goals for next year.  As I did so, I started making lists, and I thought I’d share three of them.  Here, in these lists, are fourteen of my favorite writers, magazines or journals, and books that I read in 2014.  I thought about adding a film category, but I grew disenchanted with films this year.

My favorite writers for popular magazines and journals:

I place these names in no particular order; this is not a ranking.

Gracy Olmstead

Brad Birzer

George Scialabba (not as prolific this year)

Gerald Russello

Mark Bauerlein

Stephen Cox (UC San Diego)

Justin Raimondo

Joseph Epstein

Micah Mattix

Julie Baldwin

Bruce Frohnen

Jeffrey Tucker

Paul Gottfried

William Deresiewicz

My favorite books:

This is an eclectic mix. Genre has not factored into my decision. I enjoyed these very different books for very different reasons. Some are new; some aren’t. They’ve made the list because I liked them more than the other books I read this year.

Washington Square by Henry James

Great Expectations by Charles Dickens

A Literary Education and Other Essays by Joseph Epstein

The Sun Also Rises by Ernest Hemingway

Inventing the Individual: The Origins of Western Liberalism by Larry Siedentop

Collected Poems: 1952-1993 by W.S. Merwin

Common-Law Liberty by James R. Stoner, Jr.

The Novel: A Biography by Michael Schmidt

The Morality of Pluralism by John Kekes

The Institutes of Biblical Law by R.S. Rushdoony

Thomas Jefferson: The Art of Power by Jon Meacham

Literary Criticism: From Plato to Postmodernism by James Seaton

Smiling Through the Cultural Catastrophe by Jeffrey Hart

The Meaning of Human Existence by Edward O. Wilson

My favorite popular magazines and journals:

This list was easy; I read every piece these publications run. I do not miss a single essay, article, or review in these outlets.

The American Conservative

The New York Times Book Review

Chronicles

The Freeman

Mises Daily

Pacific Standard

LewRockwell.com

The Imaginative Conservative

The University Bookman

Reason

The American Spectator

The New Criterion

First Things

The Front Porch Republic

Abolish the Bar Exam

In America, American History, Arts & Letters, Austrian Economics, History, Humanities, Law, Libertarianism, Nineteenth-Century America on July 20, 2012 at 8:45 am

Allen Mendenhall

The following piece first appeared here at LewRockwell.com.

Every year in July, thousands of anxious men and women, in different states across America, take a bar exam in hopes that they will become licensed attorneys. Having memorized hundreds if not thousands of rules and counter-rules – also known as black letter law – these men and women come to the exam equipped with their pens, laptops, and government-issued forms of identification. Nothing is more remote from their minds than that the ideological currents that brought about this horrifying ritual were fundamentally statist and unquestionably bad for the American economy.

The bar exam is a barrier to entry, as are all forms of professional licensure. Today the federal government regulates thousands of occupations and excludes millions of capable workers from the workforce by means of expensive tests and certifications; likewise various state governments restrict upward mobility and economic progress by mandating that workers obtain costly degrees and undergo routinized assessments that have little to do with the practical, everyday dealings of the professional world.

As a practicing attorney, I can say with confidence that many paralegals I know can do the job of an attorney better than some attorneys, and that is because the practice of law is perfected not by abstract education but lived experience.

So why does our society require bar exams that bear little relation to the ability of a person to understand legal technicalities, manage case loads, and satisfy clients? The answer harkens back to the Progressive Era when elites used government strings and influence to prevent hardworking and entrepreneurial individuals from climbing the social ladder.

Lawyers were part of two important groups that Murray Rothbard blamed for spreading statism during the Progressive Era: the first was “a growing legion of educated (and often overeducated) intellectuals, technocrats, and the ‘helping professions’ who sought power, prestige, subsidies, contracts, cushy jobs from the welfare state, and restrictions of entry into their field via forms of licensing,” and the second was “groups of businessmen who, after failing to achieve monopoly power on the free market, turned to government – local, state, and federal – to gain it for them.”

The bar exam was merely one aspect of the growth of the legal system and its concomitant centralization in the early twentieth century. Bar associations began cropping up in the 1870s, but they were, at first, more like professional societies than state-sponsored machines. By 1900, all of that changed, and bar associations became a fraternity of elites opposed to any economic development that might threaten their social status.

The elites who formed the American Bar Association (ABA), concerned that smart and savvy yet poor and entrepreneurial men might gain control of the legal system, sought to establish a monopoly on the field by forbidding advertising, regulating the “unauthorized” practice of law, restricting legal fees to a designated minimum or maximum, and scaling back contingency fees. The elitist progressives pushing these reforms also forbade qualified women from joining their ranks.

The American Bar Association was far from the only body of elites generating this trend. State bars began to rise and spread, but only small percentages of lawyers in any given state were members. The elites were reaching to squeeze some justification out of their blatant discrimination and to strike a delicate balance between exclusivity on the one hand, and an appearance of propriety on the other. They made short shrift of the American Dream and began to require expensive degrees and education as a prerequisite for bar admission. It was at this time that American law schools proliferated and the American Association of Law Schools (AALS) was created to evaluate the quality of new law schools as well as to hold them to uniform standards.

At one time lawyers learned on the job; now law schools were tasked with training new lawyers, but the result was that lawyers’ real training was merely delayed until the date they could practice, and aspiring attorneys had to be wealthy enough to afford this delay if they wanted to practice at all.

Entrepreneurial forces attempted to fight back by establishing night schools to ensure a more competitive market, but the various bar associations, backed by the power of the government, simply dictated that law school was not enough: one had to first earn a college degree before entering law school if one were to be admitted to practice. Then two degrees were not enough: one had to pass a restructured, formalized bar exam as well. Read the rest of this entry »

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