Commentary

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

UNT Dallas College of Law prospective and admitted students for the first class seated in fall 2014 attend a day-long event each Spring to visit the law school campus and learn more about the College of Law from numerous panels of faculty, current students, admissions, financial aid, career services, and student life. Meeting potential classmates from all walks of life allows future students to experience the inclusive environment at the law schoool.  Photo: Scott Peek Photography

In These Times, Innovation in Legal Education Should be Applauded

By Erwin Chemerinsky |

OPINION: The ABA should grant provisional accreditation to UNT Dallas College of Law.

Daniel Rodriguez, left, and Craig Boise, right.

A Tightened Bar Passage Standard is Needed

By Daniel Rodriguez and Craig Boise |

OPINION: An ABA proposal would make law schools ensure 75 percent of their graduates pass after two tries.

The John Minor Wisdom courthouse, home of the U.S. Court of Appeals for the Fifth Circuit.

Extraordinary Injustice in Texas Death Penalty Case Needs SCOTUS Fix

By Jordan Steiker |

OPINION: In Buck's case, court has chance to declare that a death sentence can't hinge on color.

Readying the Legal Community for More Neuroscientific Evidence

By Owen D. Jones |

OPINION: Understanding complex advances in neurolaw can aid the administration of justice.

Presidential Wars: A New Legal Challenge

By Louis Fisher |

OPINION: An army captain's lawsuit asks a court to decide questions about war against the Islamic State.

Hulk Hogan.

Private Funding of the Lawsuit That Killed Gawker Spells Trouble

By Ben Feuer |

OPINION: If duplicated, billionaire's strategy could threaten an independent media.

Facade of the United States Court House of the Southern District of New York in Lower Manhattan.

Decreasing Jury Trials Undermines the Public

By Hervé Gouraige |

OPINION: Transparency and citizen participation are keys to the fair administration of justice.

Sen. Whitehouse: Standoff Over a House Panel's Subpoenas Raises Key Issue

By Sheldon Whitehouse |

OPINION: State AGs might argue that subpoenas are issued on behalf of private interests.

Human Trafficking Persists, But Firms Can Help

By Sarah Dohoney Byrne |

OPINION: Pro bono lawyers can assist survivors with protective orders and getting criminal records vacated.