National News

Commentary

Turkish Prime Minister Recep Tayyip Erdogan

Turkey's Bid to Ban Twitter Is Futile

By Ray Brescia |

Prime Minister Erdogan need only look to an earlier attack on social media — in Colonial America.

Unsustainable Arguments Won't Advance Case for Marriage Equality

By Roy T. Englert Jr. |

Highlighting opponents' religious motivations is misguided and unpersuasive.

The Center for Constitutional Rights' Baher Azmy

A Date With Justice for Victims of Abu Ghraib

By Baher Azmy |

One year from the Kiobel ruling, it is difficult to imagine a better use of the Alien Tort Statute than to offer some measure of justice to Abu Ghraib torture survivors—who suffered as a result of one of the most shameful episodes in recent U.S. history.

Christine Weick of Hopkins, Mich., protests outside the Federal Courthouse before a trial that could overturn Michigan's ban on gay marriage in Detroit on Monday, March 3, 2014.

Religion's Role in Bans on Same-Sex Marriage

By Gary J. Simson |

Attributing laws to deep animus is inaccurate — and makes them more difficult to defeat.

President Barack Obama

Despite Pledge of Transparency, Obama Is Clogging Information Flow

By Daniel Z. Epstein and Mark J. Rozell |

Administration's overuse of FOIA exception blocks legitimate requests for records.

Lori Windham, counsel for Hobby Lobby Stores Inc., speaks to the media outside the U.S. Supreme Court following oral arguments by Hobby Lobby and Conestoga Wood Specialties Corp.

The False Assumption in the Hobby Lobby Case

By Alan Milstein |

Error in the definition of an 'abortion-causing' drug belies the religious-freedom question.

Shaun McCutcheon (C), the plaintiff in McCutcheon v. Federal Election Commission, leaves the Supreme Court on October 8, 2013

PRO: High Court's Lifting of Campaign Finance Limits Sparks Sharp Divide

By Cleta Mitchell |

McCutcheon decision is a victory for freedom of speech.

U.S. Chief Justice John Roberts Jr.

CON: High Court's Lifting of Campaign Finance Limits Sparks Sharp Divide

By Erwin Chemerinsky |

Decision fails to acknowledge corrupting effects of money in politics.

Lady Justice

The Judge's Role As an Agent of Change

By Evelyn Lundberg Stratton |

They have the power to pull people together, solve problems and inspire — all within ethical bounds.

Robert S. Strauss

A Counselor to Presidents But, First And Foremost, a Lawyer

By Mark MacDougall |

To Robert Strauss, the practice of law was all about solving problems.

US President Barack Obama signs the Fair Sentencing Act surrounded by members of Congress and US Attorney General Eric Holder(L) in the Oval Office at the White House in Washington, DC, on August 3, 2010.

The Fair Sentencing Act's Unfair Results

By Harold J. Krent |

Failure to apply law retroactively creates injustice for offenders imprisoned before changes.

card and chain

Debtors' Prison — It Still Exists in 21st Century America

By Vivian Berger |

Underfunded criminal and civil courts are functioning as abusive collection agencies.

The Real Problem with Securities Class Actions

By Richard Booth |

Flaws in determining who's suffered losses and to what extent are the true threat to companies.

Who You Calling a 'Patent Troll'? Term is Overused, Harm Overblown

By Peter J. Toren |

If big corporations have their way, incentives to spur innovation could disappear.

Government Errors Are Shrouded in Secrecy

By Louis Fisher |

The last two administrations have unfairly used state-secrets privilege to cover for their mistakes.

Courts Should Seize the Opportunity To Disempower Public-Worker Unions

By Terry Pell |

Cases in the U.S. Supreme Court and in California should terminate closed shops.

United Nations European HQ in Geneva

U.S. Justice Gap is Under International Scrutiny

By Risa E. Kaufman |

U.N. committee wants answers about this country's disparity in access to civil legal services.

The U.K.'s New (and Improved) Deferred-Prosecution Agreements

By James R. Copland and Isaac Gorodetski |

U.S. process for deals between prosecutors and companies is woefully lacking.

Former National Security Agency consultant Edward Snowden

Monitoring of Firm Puts The Rule of Law at Risk

By Kent Zimmermann |

Surveillance of attorney-client communications threatens foundations of liberty and democracy.

memories

Unknown: What Happened in the Attic; Known: Memory is Malleable

By Elizabeth Loftus |

Woody Allen's family battle played out in the press is reminder of recall's fallibility.

light bulb

Patent Law Reform Now On Senate's Shoulders

By Peter C. Pappas |

The House's Innovation Act is a strong move in the right direction. It's the Senate's turn to step up.

Kim Jong Un

We Can No Longer Ignore Atrocities of Kim Jong-Un's North Korea

By Morse Tan |

Evidence of horrific injustice is irrefutable. The world community must take action.

ABA Chicago

ABA Report Lacking Solutions for Law Schools

By Erwin Chemerinsky |

Task force offers plenty of criticism — especially of faculty scholarship — without practical advice.

Tsarnaev

Abolitionists Will Lose Ground By Fighting Marathon Bomber Case

By Austin Sarat |

U.S. Attorney General Eric Holder's decision to seek the death penalty in the case of the Boston Marathon bombing suspect Dzhokhar Tsarnaev puts the abolitionist community in a bind.

diversity

Diversity Programs in Need of An Overhaul

By Peggy A. Davis |

Focused on filling the pipeline, firms have failed to update ways to help practitioners thrive.

gun flag

Gun Lobby's Arguments Before Supreme Court Betray Hypocrisy

By Jonathan Lowy and Elizabeth Burke |

Groups don't speak for gun owners, but want to boost manufacturers' sales, profits.

FTC Lacks Muscle in Fighting Diet Scams

By Ian Ayres |

Meaningful regulation, instead of sporadic 'operations,' could significantly reduce consumer fraud.

Politics on the Bench — a Judge's View of Partisanship at Play

By Marsha Ternus |

Her removal after a gay rights ruling was demoralizing, but she has reason for hope.

lecture hall

European Law Schools Gaining the Advantage

By Jonathan Askin |

U.S. legal education promotes isolated thinking. Europe uses collaboration to foster innovation.

stemcells

With Stem Cell Therapy, the FDA is Far Afield of its Licensing Power

By Peter Huber |

Push to treat the molecular process as a drug will hinder advances in medicine.

Despite Tragedy, Duty Is to the Living

By Alan Milstein |

Two tragic cases, marring the joy of this holiday season, underscore our legal system's difficulty in confronting that most basic of bioethical issues: When is death?

Life Without Parole: A Sentence That's Cruel but Not Unusual

By Vivian Berger |

The American Civil Liberties Union recently released a report aptly titled "A Living Death." It deals with the phenomenon of life sentencing without possibility of parole. Known as "LWOP," it might as aptly be called "LWOH," for life without hope.

Forget Intent, Affirmative Action Ban Should Fall

By Todd Adams |

The constitutionality of Michigan's policy is not a question of what the Framers had in mind.

Uncowed, Companies Fight FTC's Power Play Over Cybersecurity

By Craig A. Newman and Daniel L. Stein |

Agency is overstepping its bounds, and two businesses are primed for a court battle.

Danger in Disarming Military Justice

By Charles G. Kels |

Stripping commanding officers of power won't solve the military's sexual assault scourge.

Lawmakers Should Let the Sun Set on the Pension Protection Act

By George M. Kraw and Katherine McDonough |

Up for renewal, the law blocks plans from adjusting to economic downturns.