Author

Allen Mendenhall

Allen Mendenhall has 5 articles published.

Allen Mendenhall
Allen Mendenhall is a Mises Canada Emerging Scholar. He is a staff attorney to Chief Justice Roy S. Moore of the Supreme Court of Alabama, an adjunct professor at Faulkner University, a doctoral candidate in English at Auburn University and a former Adjunct Legal Associate at the Cato Institute. His book is 'Literature and Liberty: Essays in Libertarian Literary Criticism.
Philosophy/Politics

Kingsmen – End Sovereign Immunity!

The doctrine of sovereign immunity derives from the English notion that “the king can do no wrong” and hence cannot be sued without his consent. The purpose of this doctrine was, in England, from at least the Middle Ages until eighteenth century, to bar certain lawsuits against the monarch and his or her ministers and servants. With the rise of the English Parliament after the death of Elizabeth I, government officers and politicians sought to gain the power of immunity that the monarch and his or her agents had enjoyed. In practice, however, English subjects were not totally deprived of remedies against the monarch or the government. The doctrine of sovereign immunity was not an absolute prohibition on actions against the crown or against other branches of government;[1] subjects could avail themselves of petitions of right or writs of mandamus, for instance, and monarchs fearful of losing the support of the people would often consent to be sued. It was not until the monarchy had been demonstrably weakened that… Keep Reading

Economics

Hayek, Statistics, And Trade-Cycle Theory

Austrian economics is often caricatured and criticized because of its approach, or deliberate lack of an approach, to mathematical models, multivariable calculus, and econometrics. Attacks are leveled against Austrians such as Mises, Rothbard, and Kirzner for their failure or refusal to avail themselves of applied empirical research in their scholarship. The Austrian methodology most frequently targeted is praxeology. It is not the purpose of this short article to refute these attacks or to explore their errors and merits. That has been done ably by others (see, for example, the series of debate-essays available here, here, here, and here). Nor does this article attempt to stand up for the deductive reasoning of praxeology or to defend its claims about a priori truths, a task better suited for a lengthy work of scholarship, not a short article. This piece instead asks one simple question: does Hayek’s early work on trade-cycle theory complicate stereotypes about the methods of Austrian economics or clarify the manner in which Austrians can and do approach economic… Keep Reading

Philosophy/Politics

You Are Perfectly Free To Say Nice Things

Continuing in its fifth year, the Broadsides series published by Encounter Books consists of paperback pamphlets modeled on 18th-century political pamphlets such as The Federalist Papers and Thomas Paine’s Common Sense. Short and accessible, polemical and jargon-free, speedily produced and mass-marketed, these pamphlets examine any number of policy issues from immigration and climate change to gun control and Obamacare. Published this year, the 39th book in the series is Greg Lukianoff’s Freedom From Speech, a vigorous and cogent refutation of the increasingly popular notion that people have a right not to be offended. Lukianoff is an attorney and the president of the Foundation for Individual Rights in Education (FIRE), a nonprofit organization dedicated to preserving civil liberties in academia. His first book, Unlearning Liberty, earned high acclaim from pundits and reviewers with diverse political leanings. Who gets to decide what is offensive and what isn’t? How do we determine who is worthy of such power? “It seems as if every day brings a new controversy regarding the purportedly offensive… Keep Reading

Economics/Politics

Getting Conned By CONs

In the healthcare industry, a certificate of need, also known by the acronym CON, is an anticompetitive licensing restriction allegedly designed to promote fair competition by requiring hospitals to demonstrate the need for certain projects and services in order to receive governmental permission for those projects and services. Under a CON scheme, a hospital–-let’s call it Hospital X–-that wishes to expand its facilities applies to a state health planning agency for a CON. Nearby hospitals–perhaps Hospital X’s competitors, Hospital Y and Hospital Z–may oppose Hospital X’s CON application. An administrative law judge (ALJ) reviews Hospital X’s CON application and supporting evidence, holds a hearing on the matter, evaluates the parties and witnesses, and determines whether Hospital X has met the statutory criteria for the issuance of a CON. These criteria differ from jurisdiction to jurisdiction. The ALJ’s decision may then be appealed to some higher body within the state health-planning agency. That body’s decision may in turn be appealed to a court of first instance or a trial court… Keep Reading

Politics

The Lawyers’ Guild

Last month thousands of recent law school graduates sat for a bar examination in their chosen state of practice. They were not undertaking a harmless rite of passage but overcoming a malicious obstacle: an artificial barrier to entry in the form of occupational licensure. Barriers to entry are restrictions on access to or participation in markets or vocations. Occupational licensure is a type of barrier to entry that regulates professions by requiring certification and licensing in the manner of medieval guilds. Medicine and law are perhaps the most recognizable professions to require their practitioners to obtain and maintain licenses. The purpose of occupational licensure is to reduce competition by using government power to restrict membership eligibility in a profession. The criteria for membership are often prohibitively expensive for low-income earners. To be admitted to the law in nearly every state in the United States, you must not only pass a bar examination but also earn a law degree from an accredited law school, admission to which requires a bachelor’s… Keep Reading

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