Legal Commentary: Edward Lazarus Archive

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CHALLENGES FOR THE SUPREME COURT IN THE WAKE OF TERRORISM:
ALLOWING GREATER FEDERAL POWER, AND MINIMIZING CHURCH/STATE TIES

FindLaw columnist, attorney, and author Edward Lazarus assesses the challenges the Supreme Court will face in the months and years ahead, as legislation enacted in the wake of terrorism inevitably comes before the Court. Lazarus suggests that, in light of the recent tragedy, the Court should abandon two of its pre-eminent doctrines in recent years: a federalism that limits what the federal government can require states to do, and a church/state separation doctrine that has been increasingly lax.
Tuesday, Oct. 02, 2001

COURAGE, COWARDICE, AND TERRORISM:
WHY CHOOSING OUR GOAL CAREFULLY MATTERS AS MUCH AS COURAGEOUSLY ACHIEVING THEM

FindLaw columnist, attorney and author Edward Lazarus points out that where the recent terrorist acts are concerned, courage, while valuable, can take us only so far. Choosing our ends matters just as much as acting courageously, Lazarus contends; the terrorists, in their own twisted way, showed determination and resolution, but towards evil results.
Tuesday, Sep. 18, 2001

RACIAL ISSUES, GREAT AND SMALL:
FROM THE U.N.'S RACISM CONFERENCE DEBACLE, TO TENNIS' RACISM SQUABBLES

FindLaw columnist, attorney, and author Edward Lazarus surveys and comments on contemporary racial issues -- from the problems with the U.N.'s racism conference, to the recent accusations against two professional tennis players, to the topics on the Supreme Court's agenda for next term.
Tuesday, Sep. 04, 2001

THE SUPREME COURT'S JUSTICES: DEEPLY DIVIDED ON THE DEATH PENALTY, BUT STILL COMPLETELY CIVIL WITH EACH OTHER?
FindLaw columnist, attorney, and author Edward Lazarus chronicles the history of Supreme Court tie votes over whether to grant a stay in death penalty proceedings, in light of the recent 3-3 tie vote last week in Beazley. Lazarus questions the Justices' claims of collegiality -- most recently made by Justice Breyer -- in light of their deep division on questions of principles.
Tuesday, Aug. 21, 2001

RELIGION, LIGHT AND DARK: A PARIS-EYE VIEW OF FAITH-BASED INITIATIVES
FindLaw columnist, attorney, and author Edward Lazarus, currently in Paris, reflects on America's comparatively untroubled religious history, and how that history should inform our assessment of the constitutionality of faith-based initiatives programs.
Wednesday, Jul. 25, 2001

JUSTICE O'CONNOR'S DEATH PENALTY REGRETS -- AND RESPONSIBILITY
FindLaw columnist, attorney, and author Edward Lazarus discusses Justice O'Connor's recent remarks to a women's group expressing reservations about the way states administer the death penalty. While these remarks are laudable, Lazarus contends that this Justice still has a long way to go, given her history of providing the decisive fifth vote in favor of, and often authoring, a series of harsh death penalty rulings.
Tuesday, Jul. 10, 2001

SHOULD JUDICIAL NOMINEES' RELIGION MATTER? RELIGION AND JUDGING FOR BRANDEIS, BRENNAN, AND BLACKMUN
FindLaw columnist, attorney, and author Edward Lazarus raises the question whether current judicial nominees' religion should have any bearing on their consideration -- and explains the role religion historically played for Justices Brandeis, Brennan, and Blackmun.
Tuesday, Jun. 26, 2001

DECADES OF THE DEATH PENALTY: HOW THE SUPREME COURT FAILED
FindLaw columnist, attorney and author Edward Lazarus reflects on the federal government's decision to begin again imposing the death penalty after a hiatus of over 35 years, and considers the Supreme Court's vacillation on the penalty.
Tuesday, Jun. 12, 2001

SENATOR JEFFORDS' PARTY-SWITCHING: A REMINDER OF CIVIL WAR LEGACIES
FindLaw columnist, attorney, and author Edward Lazarus argues that Vermont Senator Jim Jeffords' party-switching reaffirms geographical lines first drawn in the Civil War -- and that the same can be said for the conversions to liberalism of Illinois Justice Harry Blackmun and New Hampshire Justice David Souter.
Tuesday, May. 29, 2001

CHARLES BLACK: ELEGY FOR A HEROIC LAWYER
FindLaw columnist, attorney and author Edward Lazarus reflects on the important and unusual life of the recently-deceased attorney and scholar Charles Black. Lazarus explains, among other things, how Black foresaw that an impeachment over a sex scandal could damage the nation, and how Louis Armstrong shaped Black's views on law.
Tuesday, May. 15, 2001

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