Commentary

<b>CRUEL AND UNUSUAL?:</b> Midazolam was used in Oklahoma’s execution of Clayton Lockett, ­prompting a lawsuit that the state inadequately anesthetizes prisoners before inducing cardiac arrest.

Op-Ed: Rationale for Lethal Injection as 'Humane' Form of Death is Illogical

By Megan McCracken and Jennifer Moreno |

States' convenience in obtaining drugs has prevailed over constitutional protections.

<b>CAMERA READY:</b> Incidents of deadly encounters with law enforcement have prompted calls for body ­cameras, like one worn here by Sgt. Chris Wicklund of the Burnsville, Minn., police department.

Op-Ed: Like DNA, Cameras on Cops Would Reveal Truth

By Nancy Gertner and John Reinstein |

Spate of civilian deaths by police officers underscores shortcomings of fact-finding process.

Opinion: How High Is Too Low: NLRB’s Revised Ambush Election Rule

By Scott J. Witlin |

The National Labor Relations Board (NLRB) reissued a Notice of Proposed Rulemaking rewriting the rules for holding union representation elections late last year. The NLRB designed these new rules—commonly referred to as “quickie election” or “ambush election” rules—to make the chances of union victory in an NLRB election easier by dramatically reducing the amount of time employers have to campaign against a union organizing attempt.

Op-Ed: Sperm Donor Industry Needs More Regulation

By Alan C. Milstein |

Medical advances can prevent the U.S. from being the 'Wild West' of reproductive technology.

<b>EXECUTIVE ACTION:</b> President Barack Obama speaking at Del Sol High School in Law Vegas a day after announcing immigration policy reform.

Op-Ed: DOJ's Argument in Immigration Case At Odds with the Law — and Obama

By Louis Fisher |

Brief before the Fifth Circuit contains an array of errors and inconsistencies.

<b>CREATIVE THINKING:</b> President Barack Obama in 2011 signed into law the America Invents Act, which was intended to curb litigation.

Op-Ed: Despite the Negativity, Revised Patent Laws Improve the System

By Peter C. Pappas |

Procedures for challenging patents after they're granted have cut bogus claims.

<b>CRASH SITE:</b> A recovery crew works among the debris of Germanwings Flight 9525 near Seyne, France.

Op-Ed: Rights of the Mentally Ill Versus Public Safety

By Carolyn Reinach Wolf |

Recent tragedies highlight need for changes in confidentiality laws and court-ordered treatment.

hackers

Op-Ed: Firms Must Not Shirk Hacking Precautions

By Joshua Gold |

Client information is particularly sensitive to breaches. Attorneys should face the duty to protect it.

<b>WAITING:</b> Members of the media outside the Boston courthouse on the first day of trial for bombing suspect Dzhokhar Tsarnaev.

Op-Ed: Legislation Allowing Cameras in the Courtroom More Important Than Ever

By Chuck Grassley |

Technology and tragedies underscore need to open federal proceedings to the public.

<b>VENICE HIGH SCHOOL:</b> Twelve students were arrested earlier this month in California on charges of sexually assaulting their schoolmates. Authorities said male teenagers coerced female students into sex acts.

Op-Ed: We Must Deal With K-12 Sexual Assault

By Fatima Goss Graves |

The attention to crimes at the college level is laudable, but more should be done earlier.

oped_032315

Opinion: Legislation to Foil Data Breaches Would Further Invade Privacy

By Mark Jaycox |

'Information-sharing' bills are not the solution to stop the harm from hackers.

oped art

Opinion: A Win for Attorney-Client Privilege

By William C. Hubbard |

American lawyers can be heartened by a recent decision of the Supreme Court of Canada that protects the integrity of the attorney-client privilege and the confidential lawyer-client relationship in connection with Canada’s federal anti-money laundering, anti-terror law.

Ellen Pao.

Opinion: Gender Bias Unchecked in Venture Capital Firms

By Deborah Rhode |

Ellen Pao's lawsuit against Kleiner Perkins Caufield & Byers provides a view into an ugly truth.

Tom Wheeler, chairman of the Federal Communications Commission

Opinion: FCC Doing Its Job — And Well — By Preserving Broadband Competition

By Robert M. Cooper |

Preventing ISP giants from squeezing out the likes of Netflix isn't a 'power grab.'

<b>JED RAKOFF:</b> The federal judge has criticized SEC administrative proceedings. In a speech in November, he said that the SEC won 67 percent of its cases at trial, compared with 100 percent of cases decided in administrative proceedings.

Opinion: SEC's Home-Turf Venue Gives Undue Advantage

By By Mark Mermelstein, Guy Singer and Kevin Askew |

Commission handles more matters as administrative proceedings, and businesses are in peril.

Demonstrators outside the U.S. Supreme Court, in Washington, D.C., on the day of arguments in the case King v. Burwell, regarding the government's Affordable Care Act subsidies.  March 4, 2015.

Opinion: Views Sharply Divided on 'King v. Burwell' Arguments

Brianne J. Gorod and Carrie Severino provide two opposing takes on the ACA case at the high court.

Clarence Thomas.

Op-Ed: A Simple Solution to the Conundrum In Supreme Court's 'King v. Burwell'

By Ken Choe |

Fight over tax subsidies for health care boils down to determining Congress' intent.

<b>PARTY'S OVER?:</b> Oklahoma and Nebraska have filed suit to end legalized marijuana in Colorado, which they argue is particularly harmful to young people and has adversely affected their states.

Op-Ed: A Move To Undo Colorado's Pot Laws

By Mark A. Perry |

Neighboring states are burdened by marijuana commerce. They have the power to make it stop.

oped2_0223.jpg

Op-Ed: Government's Bullying Tactics Against Companies Are Rewriting the Law

By Nicole Kardell |

Armies of agencies in parallel proceedings are forcing defendants to settle.

<b>GRIEVING:</b> Debbie Ziegler, center, the mother of Brittany Maynard, appearing in support of proposed legislation in California allowing doctors to prescribe life-ending medication to terminally ill patients.

Op-Ed: A Human Right to Death With Dignity

By Erwin Chemerinsky |

It's up to the states to decide whether we can end our lives when faced with suffering.

<b>NULLIFIER:</b> Alabama Chief Justice Roy Moore insists the state’s courts are not bound to obey a ­federal court order to grant marriage licenses to same-sex couples.

Op-Ed: Gay Lawyer to Alabama Judge: Let's Have a Bourbon and Talk It Over

By Toby Eveland |

Baffled by chief judge's stance on same-sex marriage, attorney wants some answers.

money pills

Op-Ed: Insurers Are Leaving Patients Priced Out

By Wayne Turner |

An end-run around the Affordable Care Act has made life-saving drugs cost prohibitive.

<b>HEALTHY DEBATE:</b> Dozens of amicus briefs support President Barack Obama’s health insurance program. Challengers argue that a federal marketplace of insurance plans improperly provides tax credits.

Op-Ed: A Brief and Powerful Argument for the ACA

By Timothy Jost |

Justices should look to friends-of-court papers to determine if Obamacare's tax credits are lawful.

Op-Ed: Parents Have Rights to Make Vaccine Decisions

By Mary Holland |

The law and common sense suggest that vaccination decisions must ultimately rest with parents acting in their children’s best interests.

Op-Ed: States Must Tighten Laws That Let Parents Opt Out of Vaccinating Kids

By Lawrence O. Gostin |

Outbreak of diseases is due to lax legislation that allows for too many exemptions.

twitter flashlight

Op-Ed: Twitter's Laudable, If Doomed, Bid to Illuminate Government Data Digging

By Marc Zwillinger and Abigail Liebeskind |

Lawsuit seeks to allow company to disclose details about information requests.

Op-Ed: Hardball Employer Tactics Stem from Distrust

By Katherine Van Wezel Stone |

Lawsuit alleges 'walk of shame' orchestrated by retailer led to employee's suicide.

Op-Ed: Soliciting Donations Discredits the Judiciary

By Alicia Bannon |

High court should uphold rule banning judicial candidates from personally seeking contributions.

Op-Ed: Dismal Irony in Pending Execution of Intellectually Disabled Inmate

By John H. Blume |

If Warren Hill is executed by the state of Georgia on Jan. 27, one fact will be incontrovertible: Despite the U.S. Supreme Court’s creation of a categorical bar prohibiting the execution of people with intellectual disability, some states, including Georgia, still do so.

Op-Ed: A High Court Clash Over Religion in the Workplace

By Vivian Berger |

The standard requiring employers to have an 'actual knowledge' of need for accommodation is too rigid.

Op-Ed: Employees' Personal Data Unleashed Under New Labor Board Rule

By Patrick N. Forrest |

Allowing unions access to personal information flouts state laws and imperils employers.

Op-Ed: The Scourge of Violence in American Prisons Hurts Us All

By Robert A. Ferguson |

Despite recent exceptions, abuse of prisoners inside correctional facilities is largely unchecked.

Op-Ed: High Legal Drama From A Low-Brow Comedy

By Roy S. Gutterman |

The controversy surrounding "The Interview" highlights basic principles of the U.S. Constitution.

Retired Supreme Court justice Sandra Day O'Connor

Op-Ed: How the High Court Contributes to Racism

By Ruthann Robson |

Recent conflicts between police and citizens highlight the nation's systemic prejudice.

Op-Ed: Halt the Mad Rush by Corporate Boards to Adopt Fee-Shifting Rules

By Jeff Mahoney |

New legislation is needed after a Delaware ruling that deters shareholders from filing suits.

<b>IN PROTEST:</b> Students at Harvard Law School demonstrate after a grand jury did not indict a police officer in the death of teenager Michael Brown.

Op-Ed: Call for Exam Delays Not a Cry from 'Coddled Millennials'

By William Desmond |

Each year as classes of law students enter and exit our nation's legal institutions we are told the same thing: You are the future of the law. Well, the future is now.

FCC gun

Op-Ed: We Don't Need a Pistol-Packing FCC Inspector General's Office

By Patrick O'Donnell and Brita Strandberg |

IGs increasingly claim that firepower is necessary to conduct their jobs.

<b>ON THE DEFENSE:</b> Entertainer Bill Cosby faces allegations that he drugged and ­molested women throughout his career.

Op-Ed: Court of Public Opinion — Not Court of Law — Likely Will Decide Cosby's Fate

By Laurie L. Levenson |

Even with an exception, the statute of limitations will present a formidable hurdle.

Op-Ed: State AGs Swayed By Special Interests

By Paul Nolette |

Appointing, instead of electing, states' 'top cops' could reduce their alliances with corporations.

<b>NO CHARGES:</b> St. Louis County Prosecuting Attorney Robert McCulloch on Nov. 24 announced a grand jury declined to indict Ferguson police officer Darren Wilson in the Aug. 9 shooting death of Michael Brown.

Op-Ed: Ferguson Prosecutor Should Have Bowed Out

By Monroe Freedman and Paul Butler |

Having special appointees lead grand juries in cases against police prevents conflicts of interest.

censored

Op-Ed: Prior-Restraint Fight in Connecticut: Privacy Versus the Right to Know

By Hillary Greene |

Decision blocking, and then permitting, story's publication shows age-old tension.

Op-Ed: Changing a Presumption in Organ Donation

By Alan C. Milstein |

If family members cannot agree on the procedure, hospitals decide against it. They shouldn't.

blah blah

Op-Ed: Everyone Gains When the Poor Receive Free Legal Services

By Jeffrey Baliban and Renee Miller-Mizia |

Pro bono provides good training for lawyers and economic benefit to the community.

<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.

<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.

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.

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: 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.

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: 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.