This book includes speeches, essays, and judicial opinions written over the course of more than a decade. To make these pieces more accessible, I have revised and excerpted liberally and sometimes combined certain pieces with others, and I have done so without marking these alterations, additions, or deletions. Many of the pieces here have not been previously published and they contain no citations; others have been published with many citations and footnotes. To make the book more readable, I have omitted these citations and footnotes too. But many of the ideas discussed here are ancient and borrowed, sometimes from sources too long ingrained and dimly remembered to be faithfully recorded—but borrowed gratefully all the same. The reader interested in reference materials and notes may consult the following previously published speeches, essays, and opinions. I am grateful to the publishers of the speeches and essays for allowing them to be presented here.
“Access to Affordable Justice,” 100 Judicature 46 (2016)
“In Tribute: Justice Anthony M. Kennedy,” 132 Harv. L. Rev. 1 (2018)
“Intention and the Allocation of Risk,” in Reason, Morality, and Law: The Philosophy of John Finnis, ed. John Keown and Robert P. George (Oxford: Oxford University Press, 2013). Reprinted here under the title “Of Intentions and Consequences.”
“Law’s Irony,” 37 Harv. J.L. & Pub. Pol’y 743 (2014)
“Of Lions and Bears,” 66 Case W. Res. L. Rev. 905 (2016)
“On Precedent,” adapted from Bryan Garner et al., The Law of Judicial Precedent (St. Paul, MN: Thomson Reuters, 2016). Reprinted with the permission of Thomson Reuters.
Alejandre-Gallegos v. Holder, 598 Fed. Appx. 604 (10th Cir. 2015)
A.M. v. Holmes, 830 F.3d 1123 (10th Cir. 2016)
American Atheists, Inc. v. Davenport, 637 F.3d 1095 (10th Cir. 2010)
Caring Hearts v. Burwell, 824 F.3d 968 (10th Cir. 2016)
Carpenter v. United States, 138 S.Ct. 2206 (2016)
Direct Marketing Association v. Brohl, 814 F.3d 1129 (10th Cir. 2016)
Gutierrez-Brizuela v. Lynch, 834 F.3d 1142 (10th Cir. 2016)
Henson v. Santander, 137 S.Ct. 1718 (2017)
Hester v. United States, 139 S.Ct. 509 (2019)
Mathis v. Shulkin, 137 S.Ct. 1994 (2017)
Sessions v. Dimaya, 138 S.Ct. 1204 (2018)
United States v. Carloss, 818 F.3d 988 (10th Cir. 2016)
United States v. Games-Perez, 695 F.3d 1104 (10th Cir. 2012)
United States v. Nichols, 784 F.3d 666 (10th Cir. 2015)
United States v. Rentz, 777 F.3d 1105 (10th Cir. 2015)