Commentary

<b>DETERMINED FATHER:</b> Sidney Zion, right, who died in 2009, was represented in a lawsuit by Thomas Moore. The lawsuit helped reduce workloads of young doctors after Zion’s daughter, Libby, died at New York Hospital.

Op-Ed: A Deadly Visit to the Hospital — 30 Years Later

By Steve Cohen |

A young woman's death in 1984 profoundly changed doctor training and improved patient safety.

<b>RECOGNIZED:</b> Transgender actress and advocate Laverne Cox at the Glamour Women of the Year Awards on Nov. 10.

Op-Ed: Ever Slowly, Law is Moving Toward Equality for Transgender People

By Sonia K. Katyal |

Some states have abandoned surgery as a requirement for changing gender identity.

Op-Ed: Civil Asset Forfeiture Flouts the Constitution

By Theodore Simon |

Laws that allow enforcement agencies to take property without due process need changing.

Op-Ed: Justice System for White-Collar Defendants is Flawed Top to Bottom

By Stuart Gasner |

From whistleblowers to cops to prosecutors, it's skewed against the accused.

DC’s E. Barrett Prettyman U.S. Courthouse

Op-Ed: What Will the GOP's Senate Takeover Mean for Judicial Nominations?

By Nan Aron and Edward Whelan |

Two takes on what the GOP ascendancy means for President Obama’s nominations.

Op-Ed: True Confession: I Failed the Bar Exam

By Anna Girard |

She feared it was the worst thing that could ever happen to her. Turns out, she was wrong.

Op-Ed: Momentous Change in American Culture

By Joanna W. LiCalsi |

A decade ago, only one state allowed same-sex marriage. We've made progress, but not enough.

Op-Ed: A 'People's Pledge' Could Quell The Politics in Judicial Elections

By Trevor Potter and Ganesh Sitaraman |

A call to donate a portion of special-interest spending used for advertising.

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.