The notion of advancing libertarian principles through litigation - particularly federal civil rights litigation - has a design flaw that's rarely acknowledged: Lawyers are agents of the state. That applies equally to lawyers who happen to be libertarians. Unlike other regulated professions, attorneys are "officers of the court" in name and fact. Ultimately, their professional self-interest lies in expanding the size and scope of the state's court system, not in protecting individual rights.

This image - a drawing of a smiling face - is from an actual federal trademark registration. U.S. Trademark No. 1,809,410 to be precise. It was registered in 1993 byEat'n Park Restaurants of Pennsylvania for "baked goods; namely, cookies." In other words, Eat'n Park sells smiley-faced cookies in its restaurants.

On December 16, an Associated Press panel named Tiger Woods the "athlete of the decade." Since turning pro in 1997, Woods has enjoyed phenomenal success and unprecedented media adulation. Until recently, that is.

"Libertarian centralism" advocates using the federal constitution - specifically, the 14th amendment - to strike down state and local laws deemed contradictory to individual rights. The anti-centralism argument, frequently expressed by libertarian attorney Stephan Kinsella, holds that expanding federal power is not a valid means of protecting individual liberty. Centralism proponents, in turn, respond by accusing anti-centralists of supporting an incorrect reading of the constitution (not to mention a host of historical evils like slavery).