Commentary

Republican U.S. presidential nominee Donald Trump speaks at Youngstown State University in Youngstown, Ohio August 15, 2016.

Would the International Emergency Economic Powers Act Help Trump?

By Thomas McCarthy and Hal Shapiro |

OPINION: The candidate could potentially use the act to advance his national security plan.

Roger Ailes, left, and Gretchen Carlson, right.

Arbitration Cuts the Public Out and Limits Redress

By Judith Resnik |

OPINION: The pervasive clauses, in cell phone contracts, job applications and more, curb collective action.

Historic Baltimore.

When Over-Preservation Impedes City Growth

By Ilya Shapiro and Randal J. Meyer |

OPINION: Abolishing presumptions against beneficial land use would benefit all urban dwellers.

Exxon Mobil is Being Investigated, But Here's the Real Problem

By Merritt B. Fox |

OPINION: The fight against climate change doesn't merit the abuse of powers.

'PC' Politics Drove ABA's Proposed Rules Changes

By Herbert W. Titus and William J. Olson |

OPINION: A push for new classes of "harassment" in professional ethics reflects hubris and elitism.

Courts Err in Granting Broad Warrant Powers in Remote Hacking Cases

By Andrew Crocker |

OPINION: The FBI's overreach in Playpen case threatens Fourth Amendment rights of all.

Donald J. Trump.

Mr. Trump Should Take Constitutional Law 101

By Alan B. Morrison |

OPINION: The GOP nominee said he'll solve problems like violent crime — alone. But it's not that simple.

<b>THE FUTURE:</b> Audi's autonomous car drives on stage during the Audi keynote at the International Consumer Electronics Show, Monday, Jan. 6, 2014, in Las Vegas.

The Batmobile Is Here, But Is the Law Ready for Autonomous Cars?

By Joshua Briones and Esteban Morales |

OPINION: Expect a future product liability industry based on this autonomous technology.

(L-R) Melania Trump and Michelle Obama.

On Cribbing, Copyright and Mrs. Trump’s RNC Speech

By J. Michael Keyes |

OPINION: With platitudes about hard work and respect, Melania’s address echoed one we’d heard in 2008.

'Revenge Porn' Bill Advances Sexual Privacy

By Elisa D'Amico |

OPINION: The Intimate Privacy Protection Act would carry federal criminal penalties of up to five years.

Bitcoin

Bitcoin Has an Image Problem — It's Time to Change That

By Jason Weinstein and Alan Cohn |

OPINION: Bitcoin and the blockchain are actually much friendlier to cops than crooks.

Retired judge Abner Mikva of the Circuit Court for the District of Columbia Circuit.

Mikva's Trail of Stellar Public Servants

By Ivan Fong |

OPINION: The storied lawmaker, White House counsel and judge inspired many to choose civic careers.

U.S. Supreme Court Justice Clarence Thomas

Could 'Escobar' Prove to Be This Term's Most Expensive Case?

By Tara Lee |

OPINION: The U.S. Supreme Court OK'd broad parameters for fraud deserving of penalties.

A sign marks the location of the Whole Women's Health of Fort Worth clinic, Tuesday, June 30, 2015, in Fort Worth, Texas.

A Victory for Women's Health Advocates

By Fatima Goss Graves |

OPINION: The U.S. Supreme Court struck a Texas law requiring abortion doctors to have admitting privileges.

No Time For Diversity Fatigue at Women in Law Hackathon

By Deborah L. Rhode, Lucy Buford Ricca and Anna Jaffe |

OPINION: Firm partners convened at Stanford Law to pitch ideas addressing the gender gap.

Justice Anthony Kennedy, with Justice Clarence Thomas (foreground), at the Hearing on the Supreme Court's Fiscal Year 2008 Budget Request.

Court Rightly Embraced a 'Living' Constitution in Death Penalty Case

By Steven Lubet |

OPINION: 'Williams v. Pennsylvania' ruling shows why it is key to view 'bias' in modern context.

Proponents of affirmative action stand outside the U.S. Supreme Court on the day of arguments in the case <i>Fisher v. University of Texas at Austin</i>, on December 9, 2015.

All Students Gain From a Ruling That Values Diversity

By Erwin Chemerinsky |

OPINION: Justices' deference to institutions is key in court's approval of UT's affirmative-action plan.

Old Consumer Protection Laws Don't Necessarily Fit Sharing Economy

By Joe Jacquot |

OPINION: Online ratings, background checks and GPS tracking give users choice and safety.

Jose Hernandez (in gray) holds hands with friend Victor Bayez as they grieve the loss of close friends Amanda Alvear and Mercedez Flores at a vigil in downtown Orlando, Fla., Monday, June 13, 2016.

A Post-Orlando Call To Protect LGBT Rights

By D'Arcy Kemnitz |

OPINION: Providing legal aid to the LGBT community has had a long, difficult history­. It's not over yet.

Donald Trump speaking at CPAC in Washington D.C. on February 10, 2011.

What a Trump Win Could Mean For Courts

By Thomas A. Saenz |

OPINION: The presumptive GOP nominee's views on disqualifying judges 'go beyond … constitutional norms.'

Muhammad Ali

Being "The Greatest" Meant Winning in Court, Not Only in the Ring

By Sherrilyn Ifill |

OPINION: Through his legal battles, Muhammad Ali became a strong voice for civil rights.

Court Creates False Choice Between Technology and Privacy Rights

By Jennifer Lynch |

OPINION: Fourth Circuit's reliance on "third-party doctrine" sets dangerous precedent.

States' High Courts Sorely Lacking in Diversity

By Maida R. Milone |

OPINION: Twenty-five states have all-white Supreme Courts. Merit selection, instead of elections, could help.

State Supreme Court building in the French Quarter in New Orleans, Louisiana.

U.S. Supreme Court Should Undo Death-Row Injustice in Louisiana

By Pascal Calogero |

OPINION: The state needs high court's guidance on handling exculpatory evidence violations.

Spokeo website.

High Court Gets It Right With 'Spokeo' Decision

By William S. Consovoy and Ryan D. Andrews |

OPINION: The ruling, which clarifies the sufficiency of injuries a plaintiff alleges, reaffirms Congress' power.

Former Attorney General John Ashcroft.

'Iqbal' Brings Seven Years of Bad Luck for Plaintiffs

By Arthur H. Bryant |

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions.

Legal Services Corporation offices at 3333 K Street, N.W. in Washington, D.C. March 18, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

A Key Element is Missing from Sotomayor's Pro Bono Vision

By Steven H. Schulman |

OPINION: A call for a donating time sidesteps the fact that legal aid desperately needs money.

<b>EN MASSE:</b> Occupy D.C. protestors were arrested after lying down across K Street N.W. in December 2011. Law enforcement has unlawfully shut down Occupy rallies and others, some lawyers assert.

Convenient Excuses Undo Right To Assemble

By Alan Levine |

OPINION: In a post-9/11 world, law enforcement relies on fear tactics to undermine collective voices.

Katherine Polk Failla.

Sexual-Orientation Harassment Suits Need Supreme Court's Review

By Vivian Berger |

OPINION: Congress has failed to make such conduct actionable. The justices should step in.

Robert McDonnell. July 9, 2013.

Bob McDonnell Ruling Will Not Legalize Corruption

By Richard L. Hasen |

OPINION: You don’t have to be a lover of the U.S. Supreme Court’s noxious Citizens United v. FEC case to be troubled by the corruption prosecution of Virginia governor Bob McDonnell.

With Ph.D. Hiring Trend, Who'll Help Law Students Find the Courthouse?

By Lynn M. LoPucki |

OPINION: ABA wants practical instruction, but more faculty lack "real-world" experience.

<b>MEETING MAN:</b> Nominated for the U.S. Supreme Court by President Obama, Chief Judge Merrick Garland of the U.S. Court of Appeals for the D.C. Circuit at the office of Sen. Mark Kirk, R-Illinois, on March 29.

What Would Nino Do With Garland's Nomination?

By Steven Lubet and Charles Gardner Geyh |

OPINION: As a recent immigration case before the justices shows, a divided court creates dysfunction.

Sri Srinivasan.

Deferred Prosecutions Need Judicial Oversight

By Brandon L. Garrett and Alan B. Morrison |

Who stands in for the public interest when a corporation settles a criminal case with prosecutors? Not a federal judge, says the U.S. Court of Appeals for the D.C. Circuit in an over-broad ruling in the much anticipated case of Fokker Services, a Dutch aerospace firm which voluntarily reported its illegal activities and, as a result, faced prosecution for violating U.S. sanctions with Iran, Sudan and Myanmar.

<b>COMMUTATION:</b> President Obama at a federal prison in Oklahoma last week, the first such visit by a U.S. chief executive. Days earlier, he commuted the sentences of 46 nonviolent drug offenders.

As Attitudes Change about Prison Sentencing, Lawyers Answer the Call

By Gregory B. Craig |

President Barack Obama appears to be ­steadfast in his determination to commute lengthy sentences of nonviolent inmates who, under current policies, would have received far shorter sentences. Govern­ment officials have pledged to accelerate the pace at which clemency applications are considered and granted. But there is another important story that needs to be told, and that is the historic response from the nation's legal profession.

Antonin Scalia

Dow Chemical's Post-Scalia Settlement is a Spin Doctor's Delight

By Daniel R. Karon |

OPINION: The company said the justice's death forced a deal, but that ignores its three losses.

<b>GRIEF:</b> Jimmy Greene, left, and Nelba Marquez-Greene, center, are parents of Sandy Hook victim Ana Marquez-Greene. Nicole Hockley, mother of Dylan Hockley, is at right. Some family members are suing gun makers.

Sandy Hook Decision Puts Crack in Gun Makers' Armor

By Timothy D. Lytton |

OPINION: Suit brought by families of shooting victims survives against assault weapons manufacturers.

U.S. Department of Justice in Washington, D.C.

Fact Versus Fiction in the Litigation Wars

By David Freeman Engstrom |

The U.S. Supreme Court on Tuesday will hear a case that, even by law standards, seems technical and arcane. But the case is notable because it embodies much of what’s wrong with how we as a society talk about, and our elected leaders debate, the role of lawyers and litigation in our system of government. It also points to some possible fixes.

Portrait of James Madison by John Vanderlyn (1775–1852). Date: 1816.

'1-Person-1-Vote' Decision Relies On Misreading of Federalist Papers

By Ilya Shapiro and Thomas Berry |

OPINION: "Fundamental principle" didn't mean representation must reflect total population.

U.S. Supreme Court building

Supreme Court Must Hear Texas Man's Death Penalty Case

By Seth P. Waxman |

OPINION: A black defendant's trial 20 years ago, tainted by a biased expert, is, indeed, "extraordinary."

<b>DIFFICULT TIMES:</b> Workers removing hides of animals at the union stockyards in Chicago, circa 1923. Upton Sinclair’s novel, “The Jungle,” written in 1906, focused on harsh conditions for Chicago laborers.

Heads Up, Tyson Foods. It's Not 1906. Labor Laws Have Changed.

By Carl J. Mayer |

OPINION: The Supreme Court validates the public's view of inequities in America's workplace.

Robert Bork.

Women's Voice in Bork Hearings Still Resonates

By Barbara Babcock |

OPINION: Nominee's failure to get high-court appointment led to more moderate choices.

Outside the U.S. Supreme Court during the week when three of the biggest decisions of the term were to be issued, including Proposition 8/DOMA, Voting Rights Act, and Affirmative Action. June 25, 2013.

Smile, Justices! You're (Not) On Camera. Again.

By Gabe Roth |

OPINION: It's no surprise that a second cameras-in-the-courts pilot program failed, given its low-tech focus.

<b>STALLED:</b> Protesters blocked cars as people tried to drive into Fountain Hills, Arizona, to attend a rally for Republican presidential candidate Donald Trump on March 19. Three protesters were arrested.

When the Rabble-Rousing Turns Criminal, There's a Civil Solution

By John F. Banzhaf III |

OPINION: Protests are a good thing, but blocking access and inciting violence must stop.

<b>SEARCHING:</b> U.S. Supreme Court nominee Merrick Garland, in his first published opinion for the D.C. Circuit, ruled that evidence of a driver’s personal drug use—such as the smell of pot and a bag of leafy stuff in the backseat—justified searching the vehicle’s trunk.

Garland Fumbled His Debut Appellate Opinion

By Geremy C. Kamens |

OPINION: He's a good man for the job, but an early decision was not the high court nominee's best work.

Merrick Garland

Predictable Fault Lines On Nominee

OPINION: Some expressed respect for Merrick Garland's intellect; others were quick to criticize his rulings.

Canada's Tighter Controls on Patents Create Problems Beyond Its Borders

By Patrick Forrest and Linda Dempsey |

OPINION: A new interpretation of the "utility" requirement is impeding innovation.

Trial Over Law School's Job Statistics Symbolizes an Industry Gone Wrong

By Kyle McEntee |

OPINION: The case against the Thomas Jefferson School of Law and the need for transparency.

Demonstration outside the U.S. Supreme Court to bring attention to reconsideration of the Citizens United v. FEC decision. February 23, 2012.

The Supreme Court's Blind Spot: Understanding How Democracies Function

By Sen. Sheldon Whitehouse |

In the wake of Justice Antonin Scalia's death, politicians, pundits and court watchers all recognize that an ideological shift on the Supreme Court could be in the works. One consequential shift may come if the president nominates a person with a background in elected politics who has first-hand experience with campaign ads, fundraising and constituent accountability.

How the Election Will Shape the High Court

By Leon Friedman |

OPINION: Look past the debate over when to nominate a justice, and you'll see a very different future.

North Korean leader Kim Jong Un.

The Global Community Has the Power To Stop North Korea's Aggression

By Morse Tan |

OPINION: In confronting the security threat it poses, we can't ignore its human rights atrocities.