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Washington appointed Commander in Chief, lithograph.

Op-Ed: Actually, the Founders Rejected the Death Penalty

By John Bessler |

Washington, Adams and others embraced views of an Italian writer who opposed the punishment.

<b>FORTHCOMING:</b> Justice Ruth Bader Ginsburg, seen here in June 2013, took the unusual step last week of making public a correction to a dissenting opinion in the Texas voter case.

Op-Ed: A Call to Expose the Unnecessary Secrets of the Supreme Court

By Richard L. Hasen |

One justice publicly announced an error in her dissent, but such candor is rare.

In this photo taken Friday Sept. 26, 2014, Ethel Konneh, left, is consoled by her daughters outside the Island Clinic Ebola isolation and treatment center, after she learned her other daughter Rose Johnson passed away from Ebola in Monrovia, Liberia.  There had been no official confirmation of Rose's death from hospital officials, no time for someone to explain her final moments, just word from a family acquaintance inside who said her bed had been cleared that morning to make way for a new patient. As the death toll from Ebola soars, crowded clinics are turning over beds as quickly as patients are dying. This leaves social workers and psychologists struggling to keep pace and notify families, who must wait outside for fear of contagion. Also, under a government decree, all Ebola victims must be cremated, leaving families in unbearable pain with no chance for goodbye, no body to bury. (AP Photo/Jerome Delay)

Op-Ed: The World Could Have Been Better Prepared

By Lawrence O. Gostin |

Cuts in health agencies here and abroad have led to serious flaws in handling the Ebola outbreak.

<b>BIRTH RIGHTS:</b> Ari Zivotofsky, right, stands with his son, Menachem, outside the U.S. Supreme Court in 2011. The family wants the boy’s passport to list his birth place as Israel.

Op-Ed: Supreme Court Passport Decision Could Give President Too Much Power

By Louis Fisher |

Basic checks and balances at issue in case over designation of child's birthplace.

Chief Justice John Roberts

Op-Ed: The Roberts Court's 10th Year: A Term of Déjà Vu

By Erwin Chemerinsky |

Justices poised to take on issues confronted before, including same-sex marriage and health care.

Op-Ed: Anti-Darwinists Are Relentless in Their Agenda, Despite Court Rulings

By Vivian Berger |

South Carolina Board of Education rejects push to include debate about evolution.

Op-Ed: Concussion Settlement's Medicare Problem

By Alan B. Morrison |

The government will need reimbursement from the deal's proceeds, but how much will it get?

Op-Ed: To Run a Law Firm, It Takes a True Leader — With a Matching Pay Plan

By Bryan Schwartz |

Partnerships need to rethink how they compensate lawyers who hold the reins.

<b>RALLYING:</b> Opponents to Louisiana’s same-sex marriage ban react to a decision by U.S. District Judge Martin Feldman, who, despite other recent rulings prohibiting such bans, upheld the state law earlier this month.

Op-Ed: Judge in Same-Sex Case Rebuffs High Court

By Catherine Smith And Susannah Pollvogt |

Ban on gay marriage based on benefits to children is discriminatory, precedent strongly suggests.

<b>INJUSTICE:</b> Kevin Richardson, left, and Raymond Santana, two of the five men wrongfully convicted of raping a woman in Central Park in 1989, at the announcement of their settlement with New York City.

Op-Ed: A Systemwide Failure Led To Wrongful Convictions of Central Park 5

By James M. Doyle |

Claim that police, prosecutors acted reasonably doesn't account for grave mistakes.

Nancy Gertner, retired judge and now a professor at Harvard Law, during a panel discussion on Judicial Nominations presented by the Alliance for Justice, held at the U.S. Capitol Visitors Center. February 6, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Op-Ed: One Voice on Surveillance Doesn't Make a Chorus

By Nancy Gertner |

Judge John Bates' letter about FISA court changes does not speak for all, says a retired judge.

Op-Ed: A Formidable Tactician and One of Washington's Good Guys

By Linda Lipsen |

Thomas Hale Boggs Jr. was a loyal friend, talented negotiator and fierce advocate.

<b>SCOTT PANETTI:</b> On death row in Texas since 1995 for murdering his wife’s parents, he has an extensive history of mental illness that many observers contend would render his execution unconstitutional.

Opinion: High Court Must Avoid a 'Miserable Spectacle'

By Ron Honberg |

A severely mentally ill man is awaiting execution because of a lack of clarity in the law.

Opinion: A Do-Not-Resuscitate Case in Maine Is Horrific, But the Answer Is Clear

By Alan C. Milstein |

A child's best interests, not a mother's wishes, should determine the fate of a baby.

<b>STRONG FEELINGS:</b> Protesters in Austin, where a federal judge blocked a law restricting abortions.

Op-Ed: Rulings Illuminate Abortion Standard

By Caitlin Borgmann |

With scant guidance from Supreme Court, lower courts are grappling with "undue burden" test.

<b>DISTRESSED:</b> Treasury Secretary Henry Paulson Jr. in 2008 announced that Fannie Mae and Freddie Mac were broke. Investors say the entities later were viable, and that they're owed the dividends.

Op-Ed: Did Fannie and Freddie Recover After The Collapse? Read the Report.

By Jonathan R. Macey and Logan Beirne |

Document says lenders had returned to profitability. Investors want their share.

President Barack Obama

Op-Ed: Onslaught of Litigation to Come from Obamacare

By Ilya Shapiro |

Recent circuit court split foreshadows protracted court battles over the Affordable Care Act.

Op-Ed: Attorneys Are Not Plumbers, But They Need More Hands-On Training

By David Yellen |

Two-year J.D. programs aren't the answer. Still, law schools have to get real.

Op-Ed: As School Year Begins, Thinking Outside the Tort

By Ray Brescia |

Despite Justice Scalia's view, law students stand to learn much from 'Law and …' courses.

Michael Brown

Op-Ed: An All Too Familiar Scenario in the Death of Michael Brown

By Matthew McNicholas |

An attorney in a case nearly identical to the Missouri shooting outlines key issues.

<b>UNDETERRED:</b> Former White House press secretary James Brady successfully pushed for ­legislation requiring background checks on gun purchasers.

Op-Ed: A Personal and Public Fight Against Gun Violence

By Jonathan Lowy |

James Brady's efforts to curb gun proliferation were effective, but he wanted much more.

Belo Horizonte, Brazil<br />Population: 5.5 million.

Op-Ed: Rise of Class Actions in Latin America Threatens Region's Growth

By Lisa A. Rickard |

Proposed laws, especially in Brazil, would create financial incentives for filing suits.

Op-Ed: Heeding the Cautionary Tale from GM's Report

By Stephanie Tsacoumis |

Boards of directors and executives of all companies can learn from the auto maker's hindsight.

<b>TAKING ACTION:</b> Edward Blum and client Abigail Fisher, who sued the University of Texas at Austin over its race-based admission policies, at the U.S. Supreme Court in October 2012.

Op-Ed: Affirmative Action at University of Texas Forbidden by the Constitution

By Edward Blum |

Opposition to admissions policy says U.T. president's argument is 'social engineering.'

Op-Ed: NFL Concussion Settlement A Big Win for Players

By Anthony Tarricone |

Retired players hopefully will take comfort in knowing that help is on the way.

University of Texas president Bill Powers outside the U.S. Supreme Court after arguments in 'Fisher v. University of Texas.'

Op-Ed: Why Schools Still Need Affirmative Action

By Bill Powers |

Social inequality will persist at colleges until campus populations more closely reflect the public at large, writes University of Texas at Austin president Bill Powers.

Op-Ed: The $23 Billion Resentment Against America's Tobacco Industry

By Micah Berman and Kathleen Hoke |

The monumental jury verdict in Florida shows a need for more vigilant regulation of products.

Op-Ed: A Decisive Answer in the ACA Circuit Split

By Erwin Chemerinsky and Samuel Kleiner |

Despite conflicting decisions on Affordable Care Act tax breaks, their validity is clear.

Op-Ed: Privacy Protection Is at Stake in Microsoft's Battle with the DOJ

By Victoria Espinel |

Government has flip-flopped in its position and ignored precedent in seeking data.

<b>TONY DORSETT:</b> The former running back for the Dallas Cowboys said that the preliminary settlement announced between the NFL and former players for concussion injuries is inadequate.

Op-Ed: Concussion Settlement Is Deeply Flawed

By Michael V. Kaplen and Shana De Caro |

Proposed deal between the NFL and former players lacks compensation for host of injuries.

Op-Ed: Preventing Felons from Voting Harkens Back to a Bleak Era

By Ann M. Lousin |

Vestiges of Jim Crow laws, disenfranchisement statutes serve no legitimate purpose.

Pregnant Workers Need Legal Protection

By Vivian Berger |

Legislation snarled in Congress would fill in gaps in the law to safeguard women on the job.

Student civil rights activists join hands and sing as they prepare to leave Ohio to register black voters in Mississippi as part of Freedom Summer in 1964.

Fifty Years After 'Freedom Summer,' Reasons To Celebrate — and Lament

By Martha Bergmark |

Lawyer from Jackson, Miss., witnessed hundreds of civil rights volunteers flood state.

Justice Samuel Alito announces the Court's opinion in the Hobby Lobby case, with justice Ruth Bader Ginsburg, left, and justice Elena Kagan, right.

Hobby Lobby Decision Lauded and Reviled

Legal experts clash on the U.S. Supreme Court's ruling in 'Burwell v. Hobby Lobby.'

Alan Hoyle, of Lincolnton, N.C., stands outside the Supreme Court in Washington, Wednesday, Jan. 15, 2014, where the court heard arguments on the regulation of protests outside abortion clinics.  (AP Photo/ Evan Vucci)

Abortion Buffer-Zone Ban: A Win for Speech or a Blow to Women's Rights?

Two opposing views on the U.S. Supreme Court's ruling in 'McCullen v. Coakley.'

The U.S. Department of Justice's Office of Legal Counsel in July 2010 issued a memo that provided the legal justification for the drone-strike killing of Anwar al-Awlaki in 2011. The OLC memo was confidential until June 23, when the U.S. Court of Appeals for the Second Circuit released it as part of a Freedom of Information Act lawsuit.

Op-Ed: 'Drone Memo' Ruling a Model of Judicial Skepticism

By David McCraw |

To rebalance transparency and secrecy, judges must demand more from the government.

brain

Op-Ed: Advice of 'Wise Counsel' Comes Back To Haunt U.S. Corporations

By Charles Fried |

Being a good lawyer means more than thinking up clever legal arguments.

Sgt. Bowe Bergdahl was traded for five Taliban ­members detained by the United States under the an ­assertion ­authority that President Obama had opposed.

Opinion: Obama Flips Position with Prisoner Exchange

By Louis Fisher |

The administration vowed to scale back executive power, but the Bergdahl swap proved otherwise.

The Seventh Circuit approved evidence against Adel Daoud obtained through a warrant under the Foreign Intelligence Surveillance Act, but offered two sharply contrasting rationales for its ruling.

Opinion: 'Daoud' Highlights Shortcomings of Surveillance Act Interpretation

By Stephen I. Vladeck |

The case underscores the need for an adversarial process before FISA court.

whisper

Op-Ed: Abolish the Attorney-Client Privilege

By Eugene R. Licker and Amanda J. Sherman |

It serves little use in practice, while the work-product privilege offers a safer harbor.

A boy sorts through rocks while looking for gold at a mine in Mongbwalu, Congo. (Photo by Spencer Platt/Getty Images)

Op-Ed: Although Lacking in Potency, 'Minerals' Rule Empowers SEC

By David Zaring |

Restrictions on minerals mined in war-torn regions create an 'agency of diplomacy.'

frozen embryo

The Law on Frozen Embryos Is In Its Infancy

By Alan C. Milstein |

Divorces, illness and new relationships complicate legal issues of reproductive technology.

EPA

EPA's Clean Power Plan Represents Unwise Regulatory Overreach

By Allison D. Wood |

However laudable its goal, agency lacks authority or expertise over power generation.

<b>FREEDOM OF EXPRESSION:</b> Protesters gather outside the U.S. Supreme Court to voice their opposition to removing aggregate limits on campaign contributions, as decided <i>McCutcheon v. FEC</i> in April.

'Money Is Speech' Was Never Spoken

By David Schultz |

The ambiguity of a 1976 U.S. Supreme Court decision on campaign finance threatens democracy.

<b>CHARLES HAMILTON HOUSTON:</b> The former dean at Howard University's School of Law devised the legal strategy for the undoing of the 'Separate but Equal' doctrine.

60 Years Later, Brown v. Board's Shortcomings Still Reverberate

By Aderson Francois, Okianer Christian Dark and Lisa Crooms-Robinson |

True purpose of segregation, not addressed in 'Brown,' continues to impede equality.

Absurdity in Outdated Technology Legislation

By Steve Thomas |

Courts hearing the Google Maps case face a 'square peg' situation all too common today.

<b>MICHAEL SAM:</b> The St. Louis Rams seventh-round draft pick at a news conference at the National Football League team's practice facility in St. Louis on May 13.

First Openly Gay NFL Pick Is Helping Expand Views on Legal Equality

By Frank Rudy Cooper and Catherine E. Smith |

Michael Sam will transform how we perceive the LGBTQ community.

Abortion rights advocates march down Congress Ave. to protest recent legislation that could shut down all but five abortion clinics and restrict abortion rights throughout the state in Austin, Texas on Monday, July 15, 2013.

Women's Rights Hang In the Balance

By Nancy Northup |

An increasing number of abortion laws restricting access threatens constitutional protections.

Northwestern Wildcats quarterback Kain Colter

College Football Players' Option to Unionize Is Within Legal Bounds

By Erwin Chemerinsky and Catherine Fisk |

Although student athletes qualify as employees, much remains before they'll see a paycheck.

Pray On: Members of the town board bow their heads in prayer at the start of a meeting in Greece, N.Y., in June 2013.

PRO: Debate Rages On For Lawyers Who Argued Prayer Case at Supreme Court

By Brett Harvey |

For the town of Greece, court's ruling is a victory for religious freedom.

TAKING ACTION: Students protest in support of ­affirmative action outside the U.S. Supreme Court ­during the ­hearing of <i>Schuette v. Coalition</i> in October.

Down, But Not Defeated

By James R. Silkenat |

High court's ruling on affirmative action is a blow to diversity initiatives, but opportunities remain.

CON: Debate Rages On For Lawyers Who Argued Prayer Case at Supreme Court

By Gregory M. Lipper |

For citizens against the prayers, the decision sets dangerous church-state precedent.

Soros Koch

The Fatter the Wallet, the Louder the Voice

By Chisun Lee |

Politicians on both sides get set for the dole-outs post- 'McCutcheon,' and democracy is the loser.

Lawyer's Encounter 25 Years Ago Foreshadowed Patent Wars

By Mike Dillon |

As an associate, he viewed a so-called troll's challenge with wide-eyed bemusement.

TAKING ACtION: Supporters of affirmative action outside the U.S. Supreme Court ­during the hearing of Schuette v. Coalition in October.

Who Really Gains from Preferential Treatment?

By Nancy DiTomaso |

Misguided Supreme Court ruling ignores underlying problem: over representation of whites.

Rubin Carter

The Death of the 'Hurricane' and the Criminal Justice System's Failures

By Myron Beldock, Leon Friedman and Lewis M. Steel |

A wrongfully convicted boxer relentlessly fought against flawed prosecutions.

Turkish Prime Minister Recep Tayyip Erdogan

Turkey's Bid to Ban Twitter Is Futile

By Ray Brescia |

Prime Minister Erdogan need only look to an earlier attack on social media — in Colonial America.

Unsustainable Arguments Won't Advance Case for Marriage Equality

By Roy T. Englert Jr. |

Highlighting opponents' religious motivations is misguided and unpersuasive.

The Center for Constitutional Rights' Baher Azmy

A Date With Justice for Victims of Abu Ghraib

By Baher Azmy |

One year from the Kiobel ruling, it is difficult to imagine a better use of the Alien Tort Statute than to offer some measure of justice to Abu Ghraib torture survivors—who suffered as a result of one of the most shameful episodes in recent U.S. history.

Christine Weick of Hopkins, Mich., protests outside the Federal Courthouse before a trial that could overturn Michigan's ban on gay marriage in Detroit on Monday, March 3, 2014.

Religion's Role in Bans on Same-Sex Marriage

By Gary J. Simson |

Attributing laws to deep animus is inaccurate — and makes them more difficult to defeat.

President Barack Obama

Despite Pledge of Transparency, Obama Is Clogging Information Flow

By Daniel Z. Epstein and Mark J. Rozell |

Administration's overuse of FOIA exception blocks legitimate requests for records.

Lori Windham, counsel for Hobby Lobby Stores Inc., speaks to the media outside the U.S. Supreme Court following oral arguments by Hobby Lobby and Conestoga Wood Specialties Corp.

The False Assumption in the Hobby Lobby Case

By Alan Milstein |

Error in the definition of an 'abortion-causing' drug belies the religious-freedom question.

Shaun McCutcheon (C), the plaintiff in McCutcheon v. Federal Election Commission, leaves the Supreme Court on October 8, 2013

PRO: High Court's Lifting of Campaign Finance Limits Sparks Sharp Divide

By Cleta Mitchell |

McCutcheon decision is a victory for freedom of speech.