The American legal system's rejection of "Loser Pays" does not reflect a rejection of feudal hierarchies, but the triumph of the legal class.
For the month of June, David Upham will join this blog providing his unique constitutional commentary, among other subjects and ideas he might want to venture. Upham’s day job is that of an assistant professor of Politics at the University of Dallas, where he regularly teaches undergraduate and graduate courses in constitutional law, administrative law, and American political thought. Before that, he attended law school at the University of Texas School of Law and practiced for several years. However, he’s not been successful in his recovering lawyer program. They keep pulling him back in. So he finds himself frequently defending local governments in civil-rights litigation.
His research has focused on American constitutional history, and in particular, the original understanding of the Fourteenth Amendment. You may recall his earlier intervention in this space arguing, contra Ted Olson, among many others, that the historical web of the Fourteenth Amendment and state prohibitions on inter-racial marriage is substantially more favorable to the liberty of such couples to marry than has been supposed.
I look forward to Upham’s contributions on this blog, I’m sure you will also.