Commentary

Ken Starr

Ken Starr: Accusations Against Lanier ‘Way Off Base’

By Kenneth W. Starr |

Corporate opponents who Houston plaintiffs attorney Mark Lanier "vanquished, fair and square, in the courtroom" concocted allegations that he concealed payments to expert witnesses, writes Kenneth Starr.

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.

Opinion: Does Business Have a Pal in Neil Gorsuch?

By Judith E. Schaeffer |

The business community has reacted to President Donald Trump's nomination of Judge Neil Gorsuch to the U.S. Supreme Court with barely restrained glee.

U.S. Supreme Court Justice Stephen Breyer discussed his new book at a Yale Law School symposium on Wednesday, but dodged questions about the appointment of a replacement for Justice Antonin Scalia.

The Death Penalty in America Exacts Double Punishment

By Austin Sarat |

OPINION: Supreme Court Justice Stephen Breyer has long campaigned to get the high court to declare America's death penalty unconstitutional. Recently, he offered another powerful argument for ending capital punishment.

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.

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.

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.

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.

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.

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.