Commentary

Judge Neil Gorsuch testifies before the Senate Judiciary Committee during the second day of his confirmation hearing to replace the late Justice Antonin Scalia at the U.S. Supreme Court. March 21, 2017.

Where Will Gorsuch Stand on White-Collar Criminal Statute Limits?

By Addy R. Schmitt and Lauren Briggerman |

OPINION: He could soon demonstrate that he's a Justice Scalia disciple on the issue — or not.

FBI Director James Comey.

Cagey Comey’s Silence Could Speak Volumes

In one way, FBI Director James Comey did Donald Trump a favor on Monday when he testified that he found “no information” to back up the president’s claims that Barack Obama wiretapped his phones.

Trump International Hotel in Washington, D.C.

Trump's Washington Hotel is a Bridge Too Far for Fair Competition

By Steven L. Schooner & Alan B. Morrison |

OPINION: A wine bar's lawsuit argues the president's ownership unfairly tilts the playing field.

Merrick Garland and Neil Gorsuch

Should No Garland Mean No Gorsuch?

By Gary J. Simson |

OPINION: Merrick Garland would have made a great U.S. Supreme Court justice, but it's time to move forward.

President Donald Trump

Trumping the Courts: Why Critique Is Good

By Robert Delahunty and John Radsan |

OPINION: To maintain our respect, jurists must show that their decisions aren't politics by another name.

Supreme Court nominee Judge Neil Gorsuch.

Gorsuch's Adherence to Originalism Should Keep Him From SCOTUS

By David Rudenstine |

OPINION: Originalism fails to adapt to changing times and makes promises it cannot keep.

Letter to the Editor: Brooklyn Law School Disputes 2017 Go-To Law Schools Report

The president of Brooklyn Law School takes issue with its omission from the 2017 Go-To Law Schools, and the NLJ responds.

Attorney General Scott Pruitt testifies before the Senate Committee on Environment and Public Works during a hearing on his nomination to be administrator of the Environmental Protection Agency in Washington, on Wednesday, January 18, 2017.

Trump Faces Obstacles in Plans to Rollback Environmental Regulations

By Lester Sotsky and Andy Wang |

OPINION: Reversal of Obama's climate change commitments isn't likely to happen quickly.

U.S. Securities and Exchange Commission building.

President Trump, Let's Strengthen the SEC

By Blair A. Nicholas and David R. Kaplan |

OPINION: Trump, by transferring risk to the private sector, can help make the agency a better financial cop.

The Ball Is Back in Judge Koh's Court In the Samsung v. Apple Patent Row

By J. Carl Cecere |

OPINION: Judge Lucy Koh should balance innovators' needs with those of patent holders.

The White House.

Deepening The Swamp: The New Mercantilism

By Hal Shapiro |

OPINION: To promote U.S. interests, a sensible approach to free trade and regulation is needed now.

Judge Gorsuch and the Wild, Wild West of Religious Liberty

By Eric Rassbach |

OPINION: A solid defender of religious expression, the SCOTUS nominee also knows its limits.

Birthers, Gifters and Standing

By Bob Charrow and Laura Klaus |

OPINION: Courts found that birthers didn't have standing to bring suits. CREW doesn't either.

With Respect to Perjury Laws, the Current State of Affairs Needs to End

By Gabriel A. Fuentes |

OPINION: Under the laws of 10 states, prosecutors can avoid proving the falsity of recantations.

Could an Exec. Order on H-1B Visas Keep US Workers First?

By Kevin Johnson |

OPINION: A law dean considers potential impact of draft order tightening temporary worker visa program.

Gold Butte National Monument

It's Time to Abolish The Antiquities Act of 1906

By Erin Morrow Hawley |

OPINION: The act allowing the POTUS to unilaterally reserve federal land belongs to an old era.

U.S. Labor Department in Washington, D.C.

Why the President Should Keep the Department of Labor's Fiduciary Rule

By Daniel J. Morrissey |

OPINION: With more baby boomers retiring, it's important that mutual funds be run honestly.

Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

Viewpoint: Third-Party Litigation Funding: A Dubious Proposition

By Lisa A. Rickard |

Third-party litigation funding companies are investors first and foremost, and they base their funding decisions on the present value of their expected return. This means that even if a lawsuit has little or no merit, it may be a worthwhile investment if there is a potential (however small) to recover a very large sum of money.

bullying

Hate Crime Statutes Don't Impede Free Thought, They Deter Crime

By Keith N. Hylton |

OPINION: New criticism has followed recent applications of these statutes. But they're needed.

U.S. Capitol building Rotunda dome.

5 Key Fixes That Will Improve Dodd-Frank

By George W. Madison, Michael E. Borden and William A. Shirley |

OPINION: The CFPB should be reconstituted and the residential mortgage system should be fixed.

For Legal Education, Adaption is the Only Option for a Better Future

By Frank H. Wu |

OPINION: Regulation demands and rankings pressures mean high fixed costs for law schools.

Nat Hentoff at the NEA Jazz Masters photo opportunity featuring jazz greats from past and present art The New York Hilton Hotel in New York City. January 23, 2004.

The Prolific Nat Hentoff on SCOTUS, Democracy

By Tony Mauro |

OPINION: The late journalist wrote a column called "Due Process" for Legal Times from 2000 to 2002.

Marcus Garvey.  August 5, 1924.

Leading Up to MLK Day, It's Time To Pardon One of His Predecessors

By Anthony T. Pierce and Melissa D. Chastang |

OPINION: Civil rights pioneer Marcus Garvey was convicted for mail fraud in 1923.

Verrilli: Is Repeal of the ACA a Done Deal? Hardly.

By Donald Verrilli Jr., Munger, Tolles & Olson, and Elizabeth G. Taylor, National Health Law Program (NHeLP) |

OPINION: Questions loom over what will happen to Americans insured under the Affordable Care Act.

Why the President Must Grant More Clemency Petitions

By Kristen Clarke |

OPINION: In his final days in office, President Obama could help turn lives around.

A woman dries clothes near the ruins of an old building in Managua, Nicaragua.

Next Year, Let's Take A Broader Look At Justice

By Robert Benson |

OPINION: A lawyer discusses why his humble roots and professional platform compel him to help others.

U.S. Supreme Court Justice Anthony Kennedy

An Open Letter: Justice Kennedy, Please Stay on the Supreme Court

By Aaron Tang |

OPINION: A law professor and former SCOTUS clerk makes his case to the tie-breaking justice.

Meighan Stone places a support banner with flowers outside the door of Comet Ping Pong pizza shop, in Washington, Monday, Dec. 5, 2016.

As Fake News Rises, Courts Can Be A Weapon

By Mark MacDougall and Karen Williams |

OPINION: A gunman recently walked into a pizza parlor, reportedly spurred by fake news from the internet.

Hillary Clinton.

An Ode to the Pantsuit — The Uniform of Women Lawyers, Including HRC

By Kate Toomey |

OPINION: Once described as a "mannish" style, women now wear them to court and beyond.

U.S. Department of Justice.

The DOJ Under Trump May Steer a Steady Course In Some Areas

By Jenna Greene |

OPINION: Major policy shifts in immigration and white-collar prosecutions could prove elusive.

Weighing IP Protection Post-DTSA and -'Alice'

By Gregory V. Novak and Matthew Frontz |

OPINION: Trade secrets offer unique advantages that differ from patent protection.

Will Big Law Lead to Protect the Rule of Law?

By Susan Beck |

OPINION: The ABA and private bar have a pivotal role in defending the profession’s core values.

Antonin Scalia

Scalia's Sharp Rhetoric Could Delight, But So, Too, Could It Injure

By Tony Mauro |

OPINION: A law professor says the justice's writings lacked empathy, which may hurt his legacy.

U.S. Securities and Exchange Commission building in Washington, D.C.

What's Next For Whistleblowers?

By Alan Kabat and Kristen Sinisi |

OPINION: President-elect Trump has vowed to ''dismantle'' Dodd-Frank. Is the whistleblower program at risk?

Donald Trump speaks at a campaign event in Costa Mesa California to Thousands of Supporters. May 25, 2016.

Can Trump Bring About Immigration Reform?

By Delisa J.F. Bressler |

OPINION: The president-elect has already begun to refine his position on building a border wall.

Mike Pence.

In Trying to Shield Disclosure of His Emails, Pence Wants It Both Ways

By Jenna Greene |

OPINION: His court battle is especially hypocritical given his demands of Hillary Clinton.

Taking a New Look at How We Handle Judicial Misconduct Allegations

By Gabe Roth |

OPINION: The Judicial Conduct and Disability Act leaves out U.S. Supreme Court justices.

Donald Trump.

Trump’s Promises: Can He Deliver?

By Alan B. Morrison |

Now that Donald Trump has won the presidency, one big question is whether he can deliver on his promises.

U.S. Supreme Court.

Why the Supreme Court Must Enforce 'Atkins ' Protection in Capital Cases

By John Blume |

OPINION: Later this month, Texas' legal standard on the intellectually disabled will be examined.

James Comey, Director of the FBI, testifies before the House Judiciary Committee during a hearing titled

Sen. Whitehouse: Comey Violated Important Principle by Disclosing Emails Investigation to Congress

By Sheldon Whitehouse |

"If you can't make your case, as a prosecutor you shut up and move on," says the former Rhode Island attorney general and U.S. attorney.

Women Leaders in Technology Law event held at the W Hotel in San Francisco

To Build a Winning Career, Team and Business Means Being 'Intentional'

By Salle Yoo |

OPINION: Even when you don't think you are ready, leaping at opportunities will make you grow.

Asher Waite-Jones.

Being Homeless Isn't a Crime.

By Asher Waite-Jones |

OPINION: A young lawyer details his experience advocating for the homeless in the San Francisco Bay Area.

What the Partner Pay Gap Tells Us About Bias

By Joan C. Williams and Marina Multhaup |

OPINION: Woman partners report in a new survey that they may not get fair credit for business they bring in.

Consumer Financial Protection Bureau in Washington, D.C.

Unheralded Game-Changers in the D.C. Circuit's CFPB Ruling

By Maria B. Earley and Robert M. Jaworski |

OPINION: Among them, the agency's enforcement actions fall under the statute of limitations.

Howard University School of Law.

HBCU Law Deans Say ABA Bar-Passage Rule Changes Will Hurt Profession's Diversity

By Dannye Holley, Danielle Holley-Walker, John Pierre, Felecia Epps, Phyliss Craig-Taylor and James Douglass |

OPINION: The proposed changes to the American Bar Association's bar-passage standard need to consider the impact on historically black colleges and universities.

Former Wells Fargo CEO John Stumpf

Heineman: Where Were the Wells Fargo Lawyers?

By Ben W. Heineman Jr. |

OPINION: An ex-General Electric GC says an investigation should assess the accountability of management.

Challenges to State Voter ID Laws Signal Our Need for a Ninth Justice

By David Gans |

OPINION: Federal courts have been key in upholding the fundamental right to vote.

It's Time for Candidates to Address the Justice Gap

By Martha Bergmark |

OPINION: Three lawyers are running for president or vice president. They must advocate for the underserved.

Tim Kaine and Mike Pence

Law Enforcement is Taking a Look at Implicit Bias — Lawyers Should Too

By Susan Brooks |

OPINION: Law firms are lagging behind their government colleagues in addressing the issue.

Law Schools Must Confront Students' Alcohol, Mental Health Issues

By Patrick Krill |

OPINION: Lawyers in their first 10 years of practice are problem-drinking at the highest levels.

Will JASTA Yield More Lawsuits Over Terror?

By Jeremy D. Frey |

OPINION: Civil liability for those who aid terrorism is now law. But there may be unintended consequences.