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A

AVIVA ABRAMOVSKY

  • Why a California Court of Appeal Held that Scott Peterson Won't Be Collecting on the Insurance Policy For His Wife and Murder Victim, Laci

    • CRAIG J. ALBERT

  • The Coming Wars In (Name Your State)

  • How To End The Election Stalemate? With A Bush-Lieberman Administration

    • WAJAHAT ALI

  • Judicial Activism: Playing with the Constitution. An Interview with Constitutional Law Scholar Erwin Chemerinsky on Abortion, the 2nd Amendment, the War on Terror and Guantanamo Bay

    • PETER LEWIS ALLEN

  • The Birth of the Helms Amendment

    • MARK ALLENBAUGH (See Bio Page)

    DIPANWITA DEB AMAR

  • Does The Americans With Disabilities Act Require An Employer To Work With A Disabled Employee To Find An Accommodation?: The Lingering Question Of The "Interactive Process" Requirement

    • ETHAN LEIB AND DAVID PONET

  • When Vermont's, San Francisco's, and Other Cities' and Towns' Constituents Call For Impeachment of the President and Vice-President, Must Their Federal Representatives Listen?

    • MARK ALLENBAUGH AND DONALD A. PURDY, JR.

  • Drugs, Disparity, and Judicial Sentencing Discretion:

    • MARK ALLENBAUGH AND FRANK LARRY

  • Michael Vick's Sentencing Gamble: How Much Time Can He Expect?

    • AARON EDLIN AND IAN AYRES

  • Why Legislating Low Tuitions for State Colleges Is a Mistake

    • SCOTT GERBER AND KEVIN HAWLEY

  • Blame Canada: The Arguments For and Against Increasing Federal Judicial Salaries

    • MARK ALLENBAUGH AND PAUL HOFER

  • The U. S. Sentencing Commission Considers Shortening Terms for Imprisoned Crack Offenders: Should the Reduction of the Disparity Between Crack and Powder Cocaine Sentencing Be Retroactive?

    • KRISTIN ARMSHAW

  • Why Every State Should Have a Jury Patriotism Act:

    • IAN AYRES

  • A Viable Alternative To Breaking Up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self

    • B

    BARBARA BABCOCK

  • Real Revolution

    • STEPHEN BAINBRIDGE

  • Libertarians, Conservatives Part On Animal Cruelty Laws

    • BOB BARR

  • Why Talk of Bipartisanship in the House is Likely to Remain Just That - Talk

  • Tom DeLay: Why The Current Scandal Should Not Overshadow His Admirable Record

  • NSA Kabuki Theatre: Though Same-Party Oversight Led to Weak Hearings on NSA Wiretapping, Some Important Facts Did Come Through

  • CIA "Torture" Leaks Must Be Investigated, But Properly

  • Can We Protect Our Privacy Through Legal Solutions? Or Is Technology Now Beyond Our Control?

  • Is It Time to Reform Intelligence Reform?

    • JOHN Q. BARRETT

  • Doing TV Justice to Nuremberg?

    • GREGORY S. BAYLOR

  • Freedom of All Student Groups at Stake in CLS case at Supreme Court

    • BARBARA BERNIER

  • Including African-Americans in the Rebuilding of New Orleans:

  • The Terry McMillan Divorce Case: Will She Get an Annulment? Will He Split Her Book and Film Money?

    • SETH BLOOM

  • Play it Again, Woody

    • DEBORAH BRAKE

  • The Supreme Court Slams the Door on Pay Discrimination Claims: The Ruling in Ledbetter v. Goodyear Tire & Rubber Co.

  • The Supreme Court Rules in Favor of Broader Protection for Employees Who Suffer Retaliation When They Complain About Discrimination: Part One

  • Discrimination and Retaliation: Why the Supreme Court Was Right To Accept the Claim of a Coach Fired for Pointing Out Sex Discrimination in High School Athletics

    • BEN BRATMAN

  • A Defense of Sotomayor's "Wise Latina" Remark - with No Rewording Required

    • JEFF BREINHOLT

  • Is Lawfare Being Abused by American Lawyers?

  • Assessing Post-9/11 "Lawfare" and the Role of Lawyers in Counterterrorism

    • PATRICIA BROUSSARD

  • The True Legacy of Rosa Parks: Beyond the Civil Rights Movement

    • ALAN BROWNSTEIN

  • The Navajo Nation Case, Which the Supreme Court May Soon Review, and How It Reveals the Complex Balance Envisioned by the Religious Freedom Restoration Act

  • The California Attorney General’s Brief in the California Supreme Court Case Challenging Proposition 8: The Questions It Raised, and Why It Surprised Many Observers

  • The Core Issues in the Proposition 8 Case Before the California Supreme Court: Was Proposition 8 a Valid Amendment, or an Invalid Revision, to the California Constitution? And Should the Court - Or Governor Schwarzenegger - Make the Decision?

  • How Should the Law Respond When Health Care Providers' Obligations Conflict with their Religious Beliefs? Two Recent Developments That Illuminate the Issue: Part Two in a Two-Part Series

  • How Should the Law Respond When Health Care Providers' Obligations Conflict with their Religious Beliefs? Two Recent Developments That Illuminate the Issue: Part One in a Two-Part Series

  • Does Recognition of the Right of Same-Sex Couples to Marry Impose Undue Burdens on People Who Reject Same-Sex Marriage on Account of Religious Convictions? An Evaluation of This Objection to the Massachusetts and California Same-Sex Marriage Decisions

  • More On President Bush's Proposed Same-Sex Marriage Amendment: Part Two of a Series on Wise and Unwise Constitutional Amendments

  • President Bush's Proposed Same-Sex Marriage Amendment: Part One in a Series on Wise and Unwise Constitutional Amendments

  • How Federalism Doctrine Can Acquire Bipartisan Appeal: The Constitutional Values That Transcend Political Change

  • The Constitutional Doctrines that Won't Change, Even If the Supreme Court Does

  • Conduct Unbefitting the Congress: The So-Called Pledge Protection Act Passed by the House of Representatives

  • Can States Constitutionally Regulate Video Games, As California Is Considering Doing? The First Amendment Framework That Would Probably Apply

  • Comparing and Contrasting Two Recent Church-State Cases Before the U.S. and California Supreme Courts

  • A Mixed Verdict on the California Supreme Court's Decision: Part Three of a Series on the Recall

  • An Important Part of the California Recall Process Is Unconstitutional, According to U.S. Supreme Court Precedent

  • The Importance of Looking to Government Motive and Purpose: Why Intent Matters Both In the University of Michigan Affirmative Actions Cases, And Iraq War Arguments

    • NEIL H. BUCHANAN

  • See Bio Page

  • Rationing Health Care: We Have Always Done It, We Do It Now, and We Always Will

  • Can the Public Option in Health Care Reform Be Saved? Should It Be? Part 2

  • Can the Public Option in Health Care Reform Be Saved? Should It Be?

  • Should Advocates of Single-Payer Health Insurance Oppose the Public Option?

  • Everyone Seems to Agree That Budget Deficits are Harmful. Can They All Be Wrong?

  • How is Money Created? Debunking Some Myths About Recent Policies to Stabilize the Financial System and the Economy

  • Mortgages, Housing, and the American Dream: Do We Really Need to Own Our Homes?

  • The 2009 Social Security Trustees' Report: Good News Behind the Headlines

  • Is it Really So Tough to Be Rich? The New, Brazen, and Completely Dishonest Attack on Progressive Taxation

  • Are Taxes on Dividends Really "Double Taxation," As President Bush Claims? Why the Answer Is No- And Why That is the Wrong Question to Ask, Anyway

  • The Appropriate Limits Of Nonpartisanship In A Crisis: Why The President's Mandate Does Not Cover The Capital Gains Tax Cut And Other Proposals

  • The Trillion-Dollar Breach Of Contract: Social Security And The American Worker

  • Making Microsoft Play Nice?: Why "Conduct Remedies" Won't Work, And A Breakup Should Be Reconsidered

  • The D.C. Circuit's Gift To Microsoft

  • Is Your Vote A Contract With The Government?

    • ALAFAIR BURKE

  • The New, New Federalism?

  • An Alternative Way to Secure Iraq

    • DONNA BYRNE

  • Disclosing the Potentially Dangerous Dyes that Make Gray Salmon Pink:

    • U.S. REPRESENTATIVE HOWARD L. BERMAN

  • The Truth About The Peer To Peer Piracy Prevention Act: Why Copyright Owner Self-help Must Be Part Of The P2P Piracy Solution

    • C

    KRISTEN CLARKE-AVERY AND M. DAVID GELFAND

  • Voting Rights Challenges in a Post-Katrina World:

    • ANUPAM CHANDER AND MADHAVI SUNDER

  • Apple Rips While Grokster Burns: How MGM v. Grokster Benefits Information Technology Companies

    • PHILLIP CARTER

  • Superior Orders: Will the Defense Work for PFC Lynndie England,

  • Trying Saddam

    • ELAINE CASSEL (See Bio Page)

    ANUPAM CHANDER

  • Apple Rips While Grokster Burns: How MGM v. Grokster Benefits Information Technology Companies

  • Illegal Art? The Artists' Group Superflex Co-Opts Global Trademarks

  • This Penguin May Bite

  • Penguin on Thin Ice? Why IBM Should Win in the Fight to Save Linux

  • Secrets and Lies: How Secret Bidding and the Shut-Out of Foreign Corporations in Iraqi Reconstruction Violates International Trade Principles

  • The Fight Over Patent Protection for Pharmaceuticals: A Major Ongoing International Negotiation Will Set the Rules

  • Next Stop, KaZaAkhstan?: The Legal Globe-Trotting of KaZaA, The Post-Napster File Sharing Company

  • Liberating Afghanistan But Yielding Freedoms At Home: Reflections On The Year Since September 11

  • Verizon's Solution In The Napster Debate - Mandated Sharing For A Fixed Price

  • Guantanamo And The Rule Of Law: Why We Should Not Use Guantanamo Bay To Avoid The Constitution

  • Copyright "Criminals": How The Sklyarov Case Exposes The Power Of The Copyright Lobby

  • The New York Times And Napster: How The Supreme Court's Ruling In Favor Of Freelance Writers

    • GUY-URIEL CHARLES

  • Why the Federal Election Commission Should Not Limit Contributions to Political Issue Organizations

  • Should Single-Member Districting Be Held Unconstitutional?

    • ERWIN CHEMERINSKY

  • Why California's Proposed Racial Privacy Initiative Is Not Only Unwise, But Also Unconstitutional And Potentially Fiscally Damaging for the State

  • The Court's Recent, Controversial Cross-Burning Ruling, And Why It Was Correct

  • A Question The Supreme Court Will Soon Decide: Can Disabled Individuals Sue State Governments for Discrimination In Their Services, Programs, and Activities?

    • TIM CHENEY

  • The Golden Rule and the Move to Repeal the So-called "Death Tax"

    • RODGER CITRON

  • United States v. Comstock: Will the Supreme Court Uphold the Federal Government's Power to Commit Sex Offenders, or Invoke Principles of Federalism?

  • The Successes and Failures of Political Conservatism in Legal Academia and Practice: A Review of Steve Teles's The Rise of the Conservative Legal Movement

  • The Supreme Court Decides Whether Taxpayers Can Sue to Challenge the Constitutionality of the Use of Funds for President Bush's Faith-Based Initiatives

  • The Continuing Cost Of The S&L Crisis

    • KRISTEN CLARKE-AVERY

  • Why the House's Recent Voter Identification Bill Is Fatally Flawed

  • Voting Rights Challenges in a Post-Katrina World:

    • ROGER CLEGG

  • The Destructiveness Of Continuing Desegregation Orders: What Happens When The School You Go To Depends On The Color Of Your Skin

  • Not The Tenth Justice, But The President's Lawyer

    • RANDOLPH COHEN

  • Playing the Percentages

  • The Topology of Bodies

  • The Algebra of True Love

    • MARJORIE COHN

  • How the Bush Administration's Opposition to the International Criminal Court Has Put Peacekeepers and Others in Danger

  • Why The U.N. General Assembly Has Authority To Speak on the War on Iraq In the Event of Security Council Stalemate

    • JAMISON COLBURN

  • A New Suit By Farmers Against the DEA Illustrates Why The War on Drugs Should Not Include a War on Hemp
  • Drilling in the Arctic National Wildlife Refuge:

  • The Yucca Mountain Radioactive Waste Site Controversy:

    • GREGORY CONKOHENRY, HENRY MILLER

  • The Stupidity Principle

    • RUSSELL COVEY

  • The Perils of Bounty Hunting: Duane Lee "Dog" Chapman's Possible Extradition Fight

  • The Need For Clarity In Assessing The Terrorist Acts: Why The Acts May Or May Not Constitute War, Crimes, And War Crimes, And Why Definitions Matter

    • KAREEM U. CRAYTON

  • The Court's NAMUDNO Decision: Judging the Costs and Efficiency of Preclearance

    • R. TED CRUZ

  • A Summary of the Brief Filed by Governor Bush

    • D

    WALTER DELLINGER

  • School Prayer and Football

    • ALAN DERSHOWITZ

  • A Tribute to Joseph Goldstein

    • THOMAS M. DOYLE

  • A Legal Apocalypse

    • THOMAS P. DOYLE

  • A Review of Marci Hamilton's Justice Denied: What America Must Do To Protect Its Children

    • PAUL DUEFFERT

  • When Privacy Kills

    • ANTHONY DWORKIN

  • The Limits on How POWs Can Be Portrayed - And Why Both Iraq and Embedded Journalists May Be Testing Them

  • Revising the Laws of War to Account for Terrorism: The Case Against Updating the Geneva Conventions, On the Ground That Changes Are Likely Only to Damage Human Rights

  • Saddam In The Dock: The Options For A Future War Crimes Prosecution Of The Iraqi Dictator

  • The Response From Britain, And The Need For The U.S. To Take A More Multilateral Approach To Terrorism

    • E

    AARON EDLIN

  • Microsoft's Billion-Dollar California Consumer Settlement: Coupons for Plaintiffs, Cash for Lawyers, A Cheap Solution For Microsoft

  • A Viable Alternative To Breaking Up Microsoft: Compulsory Licensing That Would Make Microsoft Compete With Its Past Self

  • How A New Auto Insurance Law Could Ease Our Dependence On Oil, By Giving Drivers A Choice

  • The American Airlines Case: Why Airplane Ticket Prices May Soar Unless Courts Step In

    • CHRISTOPHER L. EISGRUBER

  • Why Supreme Court Confirmation Hearings Matter Less Than You Think

    • GARRETT EPPS

  • The Death of Consistency

    • WILLIAM N. ESKRIDGE, JR.

  • Quasi-Marriage Option

    • Judgment in the Green Zone: Will Saddam's Trial Be Remembered as Victors' Justice or Just Deserts?

  • Rumsfeld's Revenge: How the Retired Generals Who Have Called for His Resignation Could Be Court-Martialed, and Why They Won't Be

  • The Limits of Free Speech in the Military: Can Public Expressions of Discontent by U.S. Troops in Iraq Be Punished?

  • What Would Grotius Do? The Founder of International Law Speaks Out on Iraq

  • No Justice Tonight: The Punk Jurisprudence of The Clash

  • Something Rotten In The State Of France: How An Electoral System's Hidden Flaws Let Le Pen Play The Spoiler

  • A Tale of Two Cases: Why France Said "Non" to the Logic of Clinton v. Jones

  • Koizumi Rocks The Boat: Why Tinkering With The Constitution's "Peace" Clause Could Torpedo Japan's Prime Minister

    • JAMES FANTO

  • A Retrospective On 2002's Corporate Scandals: Responses Have So Far Failed To Target The Crucial Problem Of Executive "In-Groups"

  • The Recent Decision On The Hewlett-Packard/Compaq Mega-Merger: How The Court Ignored The Psychological Reality Of Over-Optimistic CEOs

    • DAVID R. FINE

  • A Recent Supreme Court Punitive Damages Decision Unites Usually-Opposed Justices On the Need for More Guidance In This Area

    • GEORGE P. FLETCHER

  • War Crimes Proceedings In Iraq? The Bush Administration's Dilemma

  • Should One Nation Be Able to Judge the Entire World? Belgium's Prosecution of Ariel Sharon, and Other Invocations of "Universal Jurisdiction"

  • The Cliché That "The Constitution Is Not A Suicide Pact": Why It Is Actually Pro-, Not Anti-, Civil Liberties

  • Did The Security Council's Recent Iraq Resolution Violate The U.N. Charter By Authorizing Unilateral Force? And If So, What Are The Consequences?

  • If The President Orders An Attack Of Iraq Without Security Council Approval, Can Injured Iraqis Sue The President In U.S. Courts?

  • How Would The Bush Administration's Claims Of Self-Defense, Used As Justifications For War Against Iraq, Fare Under Domestic Rules Of Self-Defense?

    • CHRISTINE FLOWERS

  • The Difficulties Immigrants Face in the Post-9/11 World: How the War on Terrorism Has Changed Their Legal Status

    • STEVEN Z. FREIBERGER

  • A Wish List for Post-War Iraq: Can the U.S. Get Back International Support By "Winning the Peace"?

  • What Should Be Done About Terrorism?: Some Questions, And Some Answers

  • The First Forty-Eight Hours After The Attacks: A History Teacher Considers What to Tell His Students

    • G

    PHILIP GAGNER

  • The Bush Administration's Claim That Even Citizens Can Be Brought Before Military Tribunals, And Why It Should Never Be Put Into Practice

    • M. DAVID GELFAND

  • Voting Rights Challenges in a Post-Katrina World:

  • The Need for Caution, Creativity, and Cooperation in Rebuilding New Orleans After the Flood Waters Recede

    • LAUREN GELMAN

  • The Silver Lining of the Janet Jackson Incident:

  • Does Howard Dean's Third-Place Finish in Iowa Rebut the "Internet Election" Concept?

    • LAUREN GERBER

  • The Top Ten Family Friendly Firms: Yale Law Women's List, and Why We Believe It Can Make a Difference

    • SCOTT GERBER

  • Michigan's Controversial Proposition 2, Eliminating Affirmative Action Programs in the State: A Good Example of Popular Constitutionalism?

  • The Legal Professoriate's Case Against Judicial Review: Why the Academy Is Wrong, and Why It Matters

  • The Radicalization of American Legal Education, Revisited: Why the Right's Efforts Are Good for Law Schools and the Law

  • Why the Senate Should Confirm Judge Alito: The Democrats Liked Him Before, and They Don't Need to Love Him Now

  • Harriet Miers and the Myth that Great Supreme Court Justices Must Be Former Judges from Elite Law Schools

  • The Radicalization of American Legal Education: Why the Left's Dominance Is Bad for Law Schools and the Law

    • SCOTT GERBER AND KEVIN HAWLEY

  • Elena Kagan and the Return to Feudalism

  • A Graduation Missive on Elitism in the Law: ...

    • JACK GOLDSMITH

  • State Foreign Policies After Burma

    • MICHAEL GOLDSTEIN

  • Handicapping Tiger

    • NICOLE BELSON GOLUBOFF

  • Passing Terrorism Insurance Legislation: How Telework And Flextime Work Arrangements Can Help

  • Helping New York Recover: Removing An Unfair Tax On Telecommuters

    • JOEL GROSSMAN

  • The 200th Anniversary of Marbury v. Madison: The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind

  • Careless With The Constitution? The Problem With Military Tribunals

  • Impeach Gary Condit? Why It Can't- Or Won't- Be Done, And What Congress Could Do Instead

    • LUCAS GUTTENTAG

  • Immigration Man

    • H

    JONATHAN HAFETZ

  • How a Military Officer's Sworn Declaration Sheds New Light on Guantanamo's Flawed Detention System

    • SHAHRIAR HAFIZI

  • US-VISIT, The Program to Digitally Photograph and Fingerscan U.S. Visitors:

  • What if a Shi'ite Group Wins Elections in Iraq? The Possible Role of Clerics, and the Issues It Raises

    • JUDITH HAGLEY

  • When Law Goes Pop

    • CHRIS HANSEN

  • Troubling Blocking Software

    • RICHARD L. HASEN

  • Electing the President in 2012: Three Predictions About How the Rules Might Differ Next Time Around

  • Senator Obama's $150-Million September and $600-Million Campaign: Signs that Our Campaign Finance Laws are Broken or Working?

  • Eight Years After Bush v. Gore, Why is There Still So Much Election Litigation and What Does This Mean for Voter Confidence in the Electoral Process?

  • About Face: The Roberts Court Sets the Stage for Shrinking Voting Rights, Putting Poor and Minority Voters Especially In Danger

  • Stephen Colbert's "Hail to the Cheese" Presidential Candidacy:

  • Law and Dis-Order: The Imploding System for Choosing the Next President

  • Some Recent and Ongoing Election Law Fights Over Ballot Access: New Skirmishes Could Determine the Balance of Power in Congress

  • What Congress Should Consider Before Renewing the Voting Rights Act: A Chance to Preempt Supreme Court Invalidation, and Better Protect Minority Voting Rights

  • One Person, One Filibuster?

  • The Ripple Effects of the FEC's Rules on Political Blogging:

  • Learning from the California Recall Experience: What the Unprecedented Election Tells Us About our Laws Governing Politics

  • The California Gubernatorial Recall Debate and the Courts: Why Litigation Has Begun (and Likely Will Continue)

    • GRANT HAYDEN

  • Majority-Minority Voting Districts and Their Role in Politics:

  • Will The New Help America Vote Act Prevent A Repeat Of The 2000 Florida Fiasco? Why It's Controversial

  • Should Tiny Deviations From "One Person, One Vote" Be Struck Down? States Face The Question Of How Precisely Equal Districts Must Be

    • THOMAS HEALY

  • Will the U.S. Court of Appeals for the Ninth Circuit Finally Be Split? If So, the Reason Will Be Politics, Not Caseload

    • TOM HENTOFF

  • Even After The Terrorist Attacks, The Press's Newsgathering Privilege Must Be Respected

  • Holey Archives

    • WENDY HERDLEIN

  • Blue Plate Special

    • LAURA HODES

  • Schools' Suits Against Students Who Mock Them Online

  • The Salinger Copyright Case: Reading the Colting Book Shows It Is "Fair Use"

  • Caterpillar Versus Disney

  • The Recent California Decision On Intel and Email: Less Significant Than It May Seem

  • The California DVD Case: An Important Personal Jurisdictional Ruling Restricts Where the DVD Industry Can Sue For Alleged Internet Trade Secret Infringement

  • Privacy And Paternity: The Controversial Florida Law That Requires Single Mothers To Publish Their Sexual Histories

  • Why 2600 Magazine Is Not Going All The Way To The Supreme Court With Its Digital Music Copyright Act Challenge

  • Are "Abortion Cam" Websites, Which Post Photos Of Women Entering Abortion Clinics, Privacy-Violating Or First Amendment-Protected?

  • The Tattered Cover Case: A Limited Victory For Bookstores Seeking To Protect Customers' Purchase Records

  • The Power Of Parody, Puppets, And Political Statements: Were The Bert/Bin Laden Posters Protected Parody, Or Copyright Infringement?

  • Assessing The Anti-Terrorism Act, And Defending Carnivore: How The Internet Can Become A Tool To Fight Terrorism

  • Adobe's Reversal Of Its Position On The "Hacker" That Cracked Its E-Books: Proof That The Digital Millenium Copyright Act Needs To Change

    • DAVID L. HUDSON JR.

  • Why Two Federal Appeals Courts Were Right To Strike Down Limitations On Inmate Visits -- One Of Which Unfairly Targeted Gay Inmates

  • Why The Jehovah's Witnesses Should Win Their Supreme Court First Amendment Challenge To A City Anti-Canvassing Ordinance

    • DAVID L. HUDSON, JR.

  • Silencing Student Speech -- And Even Artwork -- in the Post-Columbine Era:

    • AZIZ HUQ

  • The New Globalization: How the U.S. and the U.K. May Hide Behind the United Nations When Violating Their Own Citizens' Rights In Iraq

  • How The Military Commissions Act of 2006 Threatens Judicial Independence: Attempting to Keep the Courts Out of the Business of Geneva Conventions Enforcement

    • ANDREW HYMAN

  • Abortion And Free Speech: Applying The "Prior Restraint" Doctrine To Abortion Law

    • I

    SCOTT IDLEMAN

  • Terrorism, Liberty, And Community: Why We Need a Stronger Focus On the Common Good

    • J

    D. MARK JACKSON

  • Why the First Amendment Protects a New England Dairy's Right to Use a Milk Label Proclaiming Its Product To Be Growth-Hormone-Free

  • Why A Recent Supreme Court Decision Erroneously Abridges Immigrants' Rights, And Warns of Dangers to Civil Liberty Arising Out of the War on Terrorism

  • Does United States Policy Undermine the Goal of War Crimes Trials for Iraqi Leaders?

  • Has Attorney General John Ashcroft, In Alleged Terrorism Cases, Violated Government Ethics Rules Governing Prosecutors' Comments About The Accused?

    • SHAVAR D. JEFFRIES

  • The Florida Supreme Court's School Voucher Decision: Not Only Incorrect, But Also Unprincipled

  • Can A Pregnant Woman Who Kills To Protect Her Unborn Children Ask A Jury To Acquit Her On A "Defense Of Others" Theory? A Recent Michigan Case Says Yes

  • What's Wrong With California's Racial Privacy Initiative: Why The Government's Simply Declining To Collect Or Use Racial Data Is No Solution To Racial Discrimination

    • KEVIN R. JOHNSON

  • In Context, Sotomayor's Remarks on Race and Judging Aren't Controversial

  • A Defense of the Estrada Filibuster: A Judicial Nominee That the Senate Cannot Judge

  • The First Latino Supreme Court Justice? What The Controversial Nomination Of Miguel Estrada To A Federal Appeals Court Seat

    • K

    SAM KAZMAN AND HENRY I. MILLER

  • Federalize In Haste, Repent At Leisure: Why Vaccine Production Should Stay In The Private Sector

    • ERIC KADES

  • A Bug's Life

    • JOSHUA KAPLAN

  • Lawyers . . . With a Conscience?

    • NEAL KATYAL

  • Why the Eleven-Judge Ninth Circuit Panel Should Affirm The Original Panel Decision to Postpone the California Recall

    • SONIAK. KATYAL

  • A Dream Deferred: Disturbing Recent Setbacks for LGBT Rights, and an Older Court Victory that Provides Hope

  • Introducing the Altlaw: The Shepard Fairey Obama "Hope" Poster Controversy

  • The Fight Over the Redskins Trademark and Other Racialized Symbols

    • JULIETTE KAYYEM

  • Which War on Terrorism? America Will Not Be As Effective If It Continues to Pursue Multiple Targets, Rather than Focusing on Al Qaeda

  • The Sentencing of "Shoe Bomber" Richard Reid: Its Larger Significance for Terrorism Cases andThe "War on Terrorism" In General

    • VON G. KEETCH

  • Protecting Children in the Church of Jesus Christ of Latter-day Saints

    • HOWARD KING

  • Why Metallica Sued Napster

    • LOUIS KLAREVAS

  • Human Trafficking and the Child Protection Compact Act of 2009

  • Will the Precedent Set by the Indictment in a Pentagon Leak Case Spell Trouble for Those Who Leaked Valerie Plame's Identity to the Press?

  • Jailing Judith Miller: Why the Media Shouldn't Be So Quick to Defend Her, And Why a Number of These Defenses Are Troubling

  • The Decision Dismissing the Lawsuit Against Vice President Dick Cheney:

  • The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States

    • DOUGLAS KMIEC

  • The Use of Executive Privilege Must Be Reined In: Problematic Claims of Privilege Regarding the U.S. Attorney Firings and Torture Policies

  • Sotomayor as a Student: Her Experience Illuminates Her Views on Race

  • How the California Supreme Court's Proposition 8 Ruling Can Vindicate Both Equality and Religious Freedom: Part Two in a Two-Part Series of Columns

  • The California Supreme Court Hearing on the Validity of Proposition 8, the Initiative Banning Gay Marriage: How the Case Implicates the Very Purpose of a Constitution, the Rule of Law, and Human Liberty Itself: Part One in a Two-Part Series of Columns

  • An Important Case the Supreme Court Heard This Week Shows Why Constitutional and Statutory Remedies for Gender Discrimination are Not Redundant

  • The Use of Executive Privilege Must Be Reined In: Problematic Claims of Privilege Regarding the U.S. Attorney Firings and Torture Policies

  • "Women's Work": Why the Law Should Intervene to Protect Families, By Protecting Those Who Choose to Both Work and Parent

  • Why Congress Must Renew FISA Immediately: If It Dallies, National Security Professionals Will Not Be Able to Protect America From Terrorism in the Interim

  • Religion and Public Life: Why It's a Smart Choice for Presidential Candidate and Governor Mitt Romney to Specifically Address the Topic of His Faith

  • An Historical Perspective on the Controversy over U.S. Attorney Firings:

  • Assessing Chief Justice John Roberts at Mid-Term: Why He Deserves Kudos for his Ability to Lead the Supreme Court to Speak In One Constitutional Voice

  • Why the Supreme Court Is Right to Be Skeptical of Race-Based Assignment Systems For Public School Students

  • In the Wake of the Supreme Court's Hamdan v. Rumsfeld Decision, Should We Opt for An International Tribunal for Gitmo Detainees?

  • The Moussaoui Trial, and Its Verdict: Life Imprisonment Was the Right Call by the Jury, But the Process Shows the President Is Right About Military Commissions

  • It's Not Just Alito's Quandary: Reconciling Executive and Legislative Power

  • Whether or Not Congress Acts, The Supreme Court Should Rehear and Remand Kelo,

  • Why John Roberts Will Be a Superb Justice: Like Justice O'Connor At Her Best, He Respects Constitutional Limits

    • IRWIN R. KRAMER

  • The Donald's New Game of Trademark Monopoly:

    • JULIAN KU

  • Choosing Between Constitutional and International Law: Why the United States May Have Good Reason To Ignore the Recent World Court Order

    • MEI LIN KWAN-GETT

  • Why We Are Learning Information About The Grand Jury Investigation Into The September 11 Attacks Despite Grand Jury Secrecy Rules

    • L

    LUNDY LANGSTON

  • Why Hurricane Katrina's So-Called Looters Were Not Lawless: They Are Entitled to the Well-Established Defense of Necessity

    • NOAH LEAVITT

  • The Shootings of Saddam's Lawyers: Why the U.S. and the U.N. Should Play a Role in Ensuring the Defense Team's Safety As the Next Tribunal Court Date Approaches

  • Saddam's Upcoming Trial: How Can Justice Be Served?

  • Danger Ahead?: Why America's Governors are Declaring States of Immigration Emergency and Why Congress Should Listen, and Act

    • BRIAN LEHMAN

  • How Misinterpretation of an Important Federal Securities Fraud Statute Led to the Dismissal of the Case Against Former MCI WorldCom Executives

  • Can You Sue Someone In Fifty Words Or Less? Why Plaintiffs' Lawyers Ignore The Supreme Court's Instructions To Keep Complaints Brief

  • Abusing the Material Witness Statute: Why Detaining Grand Jury Witnesses Violates The Fourth Amendment

  • Does Discrimination Against Gay Men and Lesbians Count As Sex Discrimination? The Supreme Court May Soon Give An Answer

    • ETHAN J. LEIB

  • PBS's "The Supreme Court": A Conventional View of the Cathedral

  • The Problem of Hung Juries - and How to Solve It

  • Is it a Tort When a Company Gives Bad News, Then Good News, Then Bad News? Why the West Virginia Miners' Families Can Probably Sue for Their Emotional Distress

  • The Overlooked Legal Option That Would Let Governor Schwarzenegger Fully Respect Proposition 22 and the Will of the People, Yet Also Sign the Gay Marriage Bill

    • ETHAN J. LEIB AND DAVID L. PONET

  • Democracy and Bicameralism in the U.S. and Britain: Term-Limits and the Legislation to Put House of Lords Members Up for Election

    • JARED LELAND

  • Why Punitive Damages Awards Against Religious Institutions Are Unconstitutional

    • DONNA LENNON

  • Reforming Prison Reform

    • MARK LEVINE

  • The Court's "Gore Exception" (A.K.A. The Famous Q&A E-Mail)

    • SANFORD LEVINSON

  • Secession and the Future of Iraq: Should the Kurds, and Others, Be Able to Withdraw to Create Their Own Nations?

  • Legal Analysis, Underlying Motivation, And Political Correctness: Looking Beyond And Beneath Lawyers And Politicians' Asserted Justifications For Action

  • A Dialogue With The People, Or A Juricentric View Of The World? Why The Supreme Court Should Be Televised When It Announces Its Opinions

  • What Is The Constitution's Role In Wartime?: Why Free Speech And Other Rights Are Not As Safe As You Might Think

  • Bombs Bursting In Air, And Our Flag Still There: Why A Small Island Near Puerto Rico May Be The Harbinger Of A Constitutional Crisis

  • The Twelfth Amendment: A Time Bomb

    • ROBERT A. LEVY

  • Campaign Finance Reform: A Libertarian Primer

  • Sotomayor and the Second Amendment

  • Judicial Appointments: What's on Tap from Obama or McCain?

    • ANN CHIH LIN

  • Review of NewJack: Guarding Sing Sing

    • DAHLIA LITHWICK

  • Summer of Self-Help: Ornery Citizens Thwart the Court

  • Devil's Advocate

  • The Chief Justice and the 1999 Term

  • Supreme Court Dispatch

  • Deciding How To Divide Children's Time

    • ERIK LUNA

  • The Polygamy Case That Isn't -- and It's a Good Thing, Too: Why the Warren Jeffs Prosecution Is Really About Child Rape

    • DAVID LUNDSGAARD

  • Timing is Everything: The Supreme Court Tightens the Rules for Proving Harm in Securities Fraud Suits

    • BETH LYON

  • Secret Evidence

    • M

    CECILY MAK

  • A Look at Radio Silence: When Copyright Law Reform Goes Terribly Wrong

  • Can Marcia Cross Sue to Keep the Nude Photos of the "Desperate Housewife" Out of the Public Eye? A Case of Infringement or Entrepreneurship?

  • The Google/YouTube Deal:

  • When "Free" Downloads Are Also Legal: Are Ad-Supported Music Subscription Services Like SpiralFrog The Answer To An Ailing Industry?

    • DAN MARKEL

  • Redemption-Based Clemency for Stanley "Tookie" Williams: The Right Action for the Wrong Reason

    • JOSHUA MARQUIS

  • Prosecutor-Bashing by Criminal Defense Lawyers, Defendants, and Commentators

    • JAME MARSH

  • How Should the Law Respond When Children Die, Or Are Injured, In Foster Care? Even Limited Immunities for Foster Parents Are Dangerous

    • SHAUN MARTIN

  • Who's the Kangaroo Court Now? A California Judge's Insult to the Court of Appeal, and What the Underlying Case Reveals

    • RANDOLPH J. MAY

  • A Revolution That Has Yet To Occur: Why Deregulation Is The Only Solution For A Telecom Industry In Crisis

    • LINDA MCCLAIN

  • The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough: Part Two in a Two-Part Series of Columns

  • The California Supreme Court Rules in Favor of Marriage for Same-Sex Couples: Why Domestic Partnerships Are Not Enough: Part One in a Two-Part Series of Columns

  • Gonzalez v. Carhart: How the Supreme Court's Validation of the Federal Partial-Birth Abortion Ban Act Affects Women’s Constitutional Liberty and Equality:
    Part Two in a Two-Part Series

  • New Justices, New Rules: The Supreme Court Upholds the Federal Partial-Birth Abortion Ban Act of 2003:
    Part One in a Two-Part Series

  • The New Jersey Supreme Court's Same-Sex Marriage Decision: Couples Get the Benefits of Marriage, but Will They Also Get the Name?

  • "Desperate Feminist Wives": Does the Quest for Marital Equality Doom Marital Happiness?

  • A Loss, in New Jersey, for Proponents of Same-Sex Marriage: A Window into New Claims by Opponents about the Government's Interest In Marriage

  • The "Girlie Men" Slur and Similar Insults: How They Show the Persistence of Sex-role Stereotypes

  • The Bush Administration's Plan To Promote Marriage, And Why It Takes The Wrong Approach

    • BARR MCCLELLAN

  • When It Comes To History, The Public Ought to Hear the Facts and Decide:

    • LAUGHLIN MCDONALD

  • Why The Renewed Voting Rights Act Will Pass Constitutional Muster - Despite Predictions that the Roberts Court May Strike It Down

    • HENRY MILLER

  • Federalize In Haste, Repent At Leisure: Why Vaccine Production Should Stay In The Private Sector

  • A Strong Bush Prescription Is Needed To Cure An Overactive FDA

  • Children of the Corn

  • The New Biotechnology's Crazed Critics

  • A Tough Pill To Swallow

  • The Stupidity Principle

    • MARTHA MINOW

  • The Law of Forgiving

    • CYNTHIA MONACO

  • Why Does Hollywood Always Get The Law Wrong? Some Blockbusters And Their Legal Bloopers

    • DENISE MORGAN

  • Deregulating Education In The United States, From Vouchers To Home Schooling To The End Of Voluntary Desegregation: Is The Cost Too High?

    • TREVOR MORRISON

  • Overlooked in the Tort Reform Debate: Abusive Litigation by Defendants

  • Must U.S. Supreme Court Nominees First Serve on Federal Courts of Appeals? The Case of Janice Rogers Brown

  • The San Francisco Dog-Mauling Case: Why The Judge Was Right To Throw Out The Murder Count, And The Prosecutors Were Wrong To Bring It

  • Why It Was Improper For The Department Of Justice To File An Amicus Brief In Support Of A Law Banning "Partial-Birth" Abortion

  • The Supreme Court And Immigration Law: A New Commitment To Avoiding Hard Constitutional Questions?

  • A Review Of Amy Gutman's Legal Thriller, Equivocal Death

  • Take the Money and Run

    • SCOTT MOSS

  • Lawyer Salaries versus Law School Tuition: Are Law Schools Nearing the End of a High-Tuition Era?

  • The Newly-Founded U.C. Irvine Law School's Firing of New Dean Erwin Chemerinsky:

  • Imus and the Legal System: Protecting Racists against Lawless Firings and Meritless Lawsuits

  • Why Massachusetts is Overreaching in Accusing the Boston Two of a "Bomb Scare" for their Cartoon Publicity Stunt

  • The Tough Road Ahead in the Lawsuit against S&C for Anti-Gay Discrimination: The Plain Truth about Plaintiffs

    • RICHARD MCGILL MURPHY

  • What The Cameras Leave Out:
    A War That Is Much More Than A Clash Of Abstractions

  • Think First, Bomb Later: Why A Strike Against Afghanistan Would Actually Help Bin Laden

    • IAN MYLCHREEST

  • The Influence Of The Declaration Of Independence Through History: How American Politicians, And The Supreme Court, Have Invoked It

  • Mr. Ashcroft, Meet Mr. Palmer: Some Lessons For The Attorney General (and All Of Us) From The 1919-20 Terrorist

    • N

    O

    J. PAUL OETKEN

  • Assisted Suicide And Democracy: Why An Oregon Federal Judge Was Right To Overturn Attorney General Ashcroft's Assisted Suicide Decision

    • P

    Q & A WITH LAURENCE PULGRAM

  • Napster's Story

    • ANTHONY PICARELLO AND ROMAN STORZER

  • When Land Use Issues Are Also Religious Freedom Issues: The Religious Land Use and Institutionalized Persons Act of 2000 and the Four Constitutional Commandments of Zoning

    • FRANK PARTNOY

  • What Dogs Can Teach Us About Securities Regulation: Why Fining Two Mutual Funds For "Window Dressing" Was A Mistake

  • Beating Regis

    • CHRISTOPH G. PAULUS

  • When Countries Go Bankrupt: The Virtues And Flaws Of The International Monetary Fund's Proposal Of An Insolvency Law For Nation-states

    • MARGIE PHELPS

  • Suing Over RU486

    • RANDY PICKER

  • Napster and Metallica: A Third Way

    • MARK POSNER

  • Evidence of Political Manipulation at the Justice Department: How Tom DeLay's Redistricting Plan Avoided Voting Rights Act Disapproval

    • DAVID G. POST

  • Juries in Cyberspace - Part I

  • Juries in Cyberspace - Part II

  • Jefferson's Moose - Part I

  • Jefferson's Moose - Part II

    • Q

    R

    JESSELYN RADACK

  • A Recent Report Reveals Numerous Ethics Violations by Former Justice Department Attorneys Relating to the U.S. Attorney Firings of 2006 - So Why Haven't Bar Disciplinary Referrals Followed?

  • The Justice Department's Litigation Security Group and Its Ethics Violations in the Al-Haramain Case

  • The Al-Marri Decision: A Victory for One Man, and for a Principle, But One With Limited or Nonexistent Practical Consequence

  • Why the Supreme Court Got It Wrong When It Rejected a Government Whistleblower’s First Amendment Claim

  • A Legal Defense of Russell Tice, the Whistleblower who Revealed the President’s Authorization of NSA’s Warrantless Domestic Wiretapping

  • Why the "Paul Revere Freedom to Warn" Act Should Be Passed, to Better Protect National Security Whistleblowers:

  • The Government's Long-Term Plan for Terror Suspects

  • Still Unequal: A Review of Two Recent Books on Sexual Harassment by Catharine MacKinnon and Theresa Beiner

  • The Government’s Opportunistic Use of the “Enemy Combatant” Label: How This Category Is Being Used as a Prosecution Tactic

    • RAJA RAGHUNATH

  • Can The "Odious Debt" Incurred By Leaders Like Saddam Be Forgiven? Developing Nations May End Up Paying Anyway

    • ANITA RAMASASTRY See Bio Page

    AZIZ RANA

  • Relatively Open Borders -- Not Harsh Immigration Restrictions -- Follow the True American Tradition

    • GEOFFREY RAPP

  • Betting On Your Own Team, In The World Of Baseball And The Corporate World: Is Pete Rose Really as Evil as Ken Lay?

  • Is Eminem Really Any Worse Than Mark Twain? The FCC May Think So, But It's Wrong

  • Who Owns Barry Bonds's Million-Plus-Dollar Baseball? A Fight Between Fans Is In Court, But Neither Side Should Win

    • KAL RAUSTIALA

  • Restoring Iraqi Sovereignty:

  • Does the Constitution Follow the Flag?: Iraq, the War on Terror, and the Reach of the Law

  • Eat, Drink And Be Wary: Why the U.S. Should Oppose the WTO's Extending Stringent Intellectual Property Protection of Wine and Spirit Names to Other Products

    • DAVID RITTGERS

  • National Security Court: Reinventing the Wheel, Poorly

    • PETER J. RUBIN

  • Conservative Jurists And The Myth Of "Strict Constructionism"

    • S

    ANTHONY PICARELLO AND ROMAN STORZER

  • When Land Use Issues Are Also Religious Freedom Issues: The Religious Land Use and Institutionalized Persons Act of 2000 and the Four Constitutional Commandments of Zoning

    • NOAH SACHS

  • The Supreme Court Decision To Let Mexican Trucks Roll:

  • Muddy Waters:

    • STEVE SANDERS

  • American Legal Conservatives Oppose the Citation of Foreign Law, But What About the Hallowed Practice of Citing to Blackstone?

  • The Case for a Right of Marriage Recognition: Why Fourteenth Amendment Due Process Should Protect Same-Sex Couples Who Change States

    • AUSTIN SARAT

  • Pictures And Executions: The Real Scandal In The Hanging Of Saddam Hussein

  • When Executions Go Wrong: A Horribly Botched Florida Killing Adds Strong Impetus to a National Reconsideration of Capital Punishment

  • How Governor Schwarzenegger, and Those Who Seek Clemency for Stanley "Tookie" Williams Both Get Our Legal and Constitutional Tradition Wrong

  • Governor Perry, Governor Ryan, and The Disappearance of Executive Clemency in Capital Cases:

  • Governor Ryan's Decision To Empty Illinois' Death Row: A Clear Sign of America's New Abolitionism with Respect to the Death Penalty

  • Austin Sarat Does Timothy Mcveigh Deserve A Painless Death?

  • Why Timothy Mcveigh's Execution Should Be Televised

    • ADAM SCALES

  • Can This Pig Fly? How A Dentist Assaulted A Patient And Made A Million Dollars: Part Two of a Two-Part Series

  • Can This Pig Fly? How A Dentist Assaulted A Patient And Made A Million Dollars: Part One in a Two-Part Series

  • Insurance Ex Machina: A Significant Federal Decision in New Orleans on Post-Katrina Litigation

  • Hurricane Katrina: Will Insurance Cover the Damage? The First Trial Suggests the Answer is Yes and No

    • HOWARD S. SCHIFFMAN

  • The Supreme Court Considers the Rights of Foreign Citizens Arrested in the United States:

    • JONATHAN M. SCHOENWALD

  • Reforming The FBI After September 11: Lessons From The 1960s

    • PAUL SCOTT

  • Can Doctors Resort to Self Help to Screen Out the Litigious?

    • MATTHEW SEGAL

  • Should the President Pardon Scooter Libby? Why Even Administration Critics Should Favor a Pardon

  • Why the Bush Administration's Legal Stance on "Don't Ask, Don't Tell" Undermines Its Legal Stance on the NSA's Warrantless Wiretapping

  • Violence Against Judges: Why it Occurs and What We Can Learn from it

  • Americans' Views on Supreme Court Tenure, Abortion, and Gay Marriage:

  • A Federalism Role Reversal? Conservatives and Liberals Switch Sides In the Power Struggle Between States and Feds

  • Pre-Crime? What the Film Minority Report Can Teach Us About the Three Key Rules of Preemptive War

    • JAY SEKULOW

  • School Prayer Quagmire

    • CATHERINE SHARKEY

  • Governor Schwarzenegger Pumps Up Tort Reform:

    • STEVE SHEPPARD

  • How the Torture Lawyers Broke the Law, and Why They Must be Punished

  • Cheney Is Wrong: There Is Precedent for the Torture Investigation

  • Sharon Keller, Troy Davis, and the Duty of a Death Case Judge

  • Supreme Court Finds No Right to Post-Conviction DNA Tests

  • Supreme Court Bans Judge Buying

    • RICK SHENKMAN

  • Why Supreme Court Nominations Fail: Six Unsuccessful Bids That Played Into The Culture Wars

    • RICHARD K. SHERWIN

  • The Notorious Adultery Trial of the Reverend Henry Ward Beecher

    • CHRISTIAN SIEBOTT and DAVID HARRISON

  • Jury Verdict Targets Banks' Over-Reliance on Credit Ratings

    • NATHAN SIEGEL

  • Why Police Officer Charles Schwarz, Convicted In The Abner Louima Case, Deserves A New Trial

    • ERIC SINROD

  • Cybersecurity: Good Enough For Government Work Is Not Good Enough

  • Beware of Internet Trespass

  • The Erosion of Anonymous Internet Speech

  • The Erosion of Anonymous Internet Speech

  • Reducing Software Piracy Will Produce More Jobs and a Stronger Economy

  • Time For A .xxx Internet Domain?

  • Be Careful With Online Holiday Shopping

  • I Want My Blackberry

  • Legal Woes Mount for Sony BMG Because Of Its CD Software

  • File-Sharing Crackdown Rages Worldwide

  • Watch Out - Porn Coming To An iPod Near You

  • Telecommuters Beware of Potential Income Taxes In Other States

    • MONTY SMITH

  • Why the G8 Summit Was a Failure: The U.S.'s Undercutting of International Environmental Plans
  • A Recent Exoneration Underlines a Basic Truth

    • JONNA M. SPILBOR

  • Flying Solo: Five Key Lessons I Learned From Starting My Own Practice

  • Why OJ Simpson Is Unlikely to Receive a New Trial on the Kidnapping and Robbery Charges of Which He Was Convicted

  • Is The Recent Spate Of High-Profile Teen Pregnancies, Including Bristol Palin's and Jamie Lynn Spears's, Telling Us It's Time To Alter Statutory Rape Laws?

  • Flying Solo: Five Key Lessons I Learned From Starting My Own Practice

  • Disdained, Disgraced, and Disbarred: Mike Nifong May Be Gone, But The Damage Done By Durham's Dirty Prosecutor Will Live On

  • The Fame and Misfortune Of Celebrity: Why Paris Hilton Does Not Belong Behind Bars

  • Closing The Door On the Duke Lacrosse Rape Claims: Why the Accuser Should Be Prosecuted, and The State Should Revamp the Way It Handles False Crime Reports

  • The D.A.'s Admitted Failure To Personally Question The Accuser In The Duke Rape Scandal: Why, At Trial, It May Be A Boon To The Defense

  • Is The District Attorney In The Duke Lacrosse Rape Scandal Turning A Blind Eye To Valuable Evidence?

  • The Rape That Never Was: Why, In Light Of The Lack Of DNA Evidence, The Case Against Duke's Lacrosse Team Should Be Dropped

  • The Case of Missing Alabama Teen Natalee Holloway:

  • From the President to the Impoverished, When It Comes To Reporting for Jury Duty, Who Among Us Truly Deserves A 'Get Out Of Your Summons Free' Card?

  • The Murder of Pamela Vitale, Famed Defense Attorney Daniel Horowitz's Wife: Though a Suspect is Now in Custody, He May Get Off on A Reasonable Doubt Defense

  • When The Jury Has Spoken, But Won't Shut Up: How the Jackson Jurors' Book Deals Broke the Law, and How We Can Avoid Having Jurors Undermine Their Own Verdicts

  • Inside David E. Kelley's New Reality Show, The Law Firm: Life? Or Something Like It?

  • The Not Guilty Verdicts in the Michael Jackson Case: Was Justice Served, or Thwarted?

  • The Testimony of Michael Jackson's Former Attorney, Mark Geragos:

  • The Ruling in the Michael Jackson Case Allowing Testimony About Past Molestation Allegations:

  • When the Key Witness Is a Kid: Preparing Prospective Jurors in the Case Against Michael Jackson

  • Cashing-In from High-Profile Criminal Trials:

  • Will Scott Peterson Ultimately Be Executed?

  • Guilt Beyond a Visceral Doubt?:

  • The Sexual Harassment Case Against Fox News's Bill O'Reilly:

  • The Kobe Bryant Case: Why Prosecutors Should Dismiss It,

  • Looking for Clues in All the Wrong Places: Why the D.A.'s Search of Michael Jackson's P.I.'s Office Was Unlawful,

  • The Scott Peterson Trial:

  • The Michael Jackson Case:

  • The Case Against Jayson Williams:

  • The Star Witness In the Martha Stewart Case:

  • What If Kobe Bryant Has Been Falsely Accused?

  • The Changing Tide in the Defense Of Scott Peterson:

  • The Recent, Mistaken Ruling in the "Beltway Sniper" Case:

  • Guilty Until Proven Innocent?:

  • Out on Bail, and Out of Jail Forever?

  • The Disappearance of Laci Peterson:

    • PETER SPIRO

  • The Post 9/11 Legal Landscape:

  • SARS and the Law: Challenges at the Border and in the Backyard

  • Baghdad: Last Stop for Bush Administration's Preemption Doctrine

  • The End Of The "War" (And Of War As We Know It): Deploying A Law Enforcement Model In The Fight Against Terrorism

  • Not War, Crimes

    • CHRIS SPRIGMAN

  • The Federal Government's Strange Cyber-Defamation Case Against Bret McDanel:

  • Hacking for Free Speech: A New Breed of "Hacktivists" Takes on Internet Censorship

  • Why Grokster and Morpheus Won, Why Napster Lost, and What the Future of Peer-to-Peer File Sharing Looks Like Now

  • Copyright Versus Consumers' Rights: How Companies are Using the Digital Millennium Copyright Act to Thwart Competition

  • The Supreme Court's Copyright Extension Decision: A Mickey Mouse Ruling

  • Eat, Drink And Be Wary: Why the U.S. Should Oppose the WTO's Extending Stringent Intellectual Property Protection of Wine and Spirit Names to Other Products

  • Should Software Companies Be Able, Through Contracts, To Prevent Competitors From "Reverse Engineering" Their Products?

  • Are Personal Video Recorders, Such As ReplayTV And Tivo, Copyright-Infringement Devices?: A Lawsuit Raising The Question May Force Sonicblue To Spy On PVR Users

  • The Mouse That Ate The Public Domain: Disney, The Copyright Term Extension Act, And eldred V. Ashcroft

  • "Lockware": The Promise And Peril Of Hollywood's Intellectual Property Strategy For The Digital Age

  • Why The Hague Convention On Jurisdiction Threatens To Strangle E-Commerce And Internet Free Speech

    • COLBY B. SPRINGER

  • Redefining the Balance Between Trademark and Copyright Law A Recently Argued Case Asks the Supreme Court to Decide

    • THEODORE J. ST. ANTOINE

  • Mandatory Arbitration: Bane or Boon?

    • SIMON STEEL

  • Charitable Choice: A Needed Boost To "Armies Of Compassion" Or An Establishment Of Religion?

    • JACOB A. STEIN

  • Great Closing Arguments

    • MADHAVI SUNDER

  • In a Trademark Case, The Supreme Court Recognizes That Art Flows From Multiple Sources

  • Beauty Marred: The "Miss World" Riots, A Stoning Sentence, and theConflict Between Religious and Secular Law in Nigeria

  • Why We Don't Lead The World On Women's Rights Issues: As Shown By An Unsigned Treaty, Not Cultural Imperialism

    • RAYMOND SWENSON

  • Wielding the First Amendment as a Sword Against the JAG Corps:

    • T

    TOM TAULLI

  • Why Corporate America's New Asset Is Ethics, And Enforcement Of The Sarbanes-Oxley Act Ought To Help The Stock Market

    • RUTI TEITEL

  • Bringing Transitional Justice Home: President Obama's Dilemma about the Past Administration's Human Rights Abuses -- What is to be Done, and Who'll be the Judge?

  • No Laughing Matter: The Controversial Danish Cartoons Depicting the Prophet Mohammed, and Their Broader Meaning for Europe's Public Square

  • Through the Veil, Darkly: Why France's Ban on the Wearing of Religious Symbols Is Even More Pernicious Than It Appears

    • DICK THORNBURGH

  • A Recent Supreme Court Punitive Damages Decision Unites Usually-Opposed Justices On the Need for More Guidance In This Area

    • CARL TOBIAS

  • Filling the Lower Federal Court Vacancies -- Especially the District of Delaware's

  • Confirming the Two North Carolina Nominees to the U.S. Court of Appeals for the Fourth Circuit

  • The President's Proposed System for Compensating the BP Spill Victims: The Issues It May Raise

  • Why Jane Branstetter Stranch Should Be Quickly Confirmed to a Seat on the U.S. Court of Appeals for the Sixth Circuit

  • An Update on the Lingering Openings on the U.S. Court of Appeals for the Fourth Circuit

  • Why Filling the 100 Lower Federal Court Vacancies Is a Key Priority

  • Professor Carl Tobias Responds to Senator Orrin Hatch on Judicial Nominations

  • Thanksgiving and the Third Branch

  • Elevating Judge David Hamilton to the Seventh Circuit

  • With Obama Proceeding Reasonably To Fill Federal Judgeships, the Bottleneck Is the Senate

  • Why Filling Lower Federal Court Vacancies Must Be A Top Priority

  • Congress and the Pending Comprehensive Judgeships Legislation

  • Filling the Three Openings on the U.S. Court of Appeals for the Second Circuit

  • Judge Andre Davis Should Be Elevated Now, and All the Fourth Circuit's Seats Filled Soon

  • Diversifying California's Federal District Courts

  • Questions and Answers In Supreme Court Confirmation Hearings

  • The New Postpartisan Selection of Federal Judges: President Obama Displays His Commitment to Ending the Confirmation Wars

  • How President Obama Can Set a Key Example, and Send an Important Message, By Filling the Nation's Most Protracted Judicial Vacancy

  • Why Barack Obama, as President, Should Nominate Leading Law Professors for Seats on the Federal Appeals Court

  • Why the Federal Courts Should Give Thanks This Thanksgiving: A Set of Positive Developments, with the Hope of More to Come

  • Remedying Resource Shortages in the U.S. District Courts: How the Courts Themselves Can Improve the Situation

  • Remembering Cooper v. Aaron, the Supreme Court Case That Sent the Message that Brown's Promise of Desegregation Must Be Kept

  • Why the Senate Needs to Approve More Judges Before It Adjourns

  • The House of Representatives' Contempt Citation Against White House Officials: Why the U.S. District Court for the District of Columbia Should Opt for En Banc Review

  • The Republican Candidates' Views on Judicial Selection: How Would a President McCain, Huckabee, or Paul Influence the Supreme Court and the Rest of the Federal Judiciary?

  • Is Senator and Presidential Candidate John McCain Soft on Judges? A Closer Examination of the Basis for these Charges

  • How the Bush Administration Is Thwarting Bipartisan Efforts to Nominate an Exceptional Jurist to the U.S. Court of Appeals for the Fourth Circuit

  • Restoring Public Confidence in the Justice Department: Seven Key Steps Attorney General Mukasey Should Take

  • The Challenges Alex Kozinski Faces as the New Chief Judge of the U.S Court of Appeals for the Ninth Circuit

  • The Questions Senators Should Ask Themselves About Attorney General Nominee Michael Mukasey

  • Five Key Questions for President Bush's New Attorney General Nominee, Michael Mukasey

  • Stopping the Downward Spiral at the Department of Justice

  • Naming the Next Deputy Attorney General: Why It Should Be Chuck Rosenberg, the Current U.S. Attorney for the Eastern District of Virginia

  • Defusing The Constitutional Confrontation over Congressional Subpoenas Relating to the U.S. Attorney Firings Scandal

  • Republicans Threaten to Shut Down the Senate, Charging that Democratic Consideration of Judicial Nominees Is Too Slow:

  • Deconstructing the Dispute over the Politicization of U.S. Attorney Firings:

  • The Need for Continuing Congressional Scrutiny of Credible Claims that Bush Administration Hiring and Firing of U.S. Attorneys Has Been Improperly Politically-Based

  • Why Congress Needs to Probe the NSA Domestic Surveillance Program:

  • The Constitution, Capital Punishment And Clemency Proceedings

  • Are The Federal Courts In Republican Sights In What Remains of the 109th Congress? Handicapping The Judiciary In The Lame Duck Session

  • The New Burns and Allen Comedy Show: Why Voters Should Throw Out the Montana and Virginia Senators Today

  • Why Terrorism Suspects Should Be Tried in Federal Court, Not Before Military Tribunals: Lessons From The Moussaoui Mess

  • Studying the State of the Las Vegas Judiciary: An Illustration of the Problems that Arise When Judges Are Elected, Not Appointed

    • DANIEL TOKAJI

  • Litigating the 2006 Elections: The Top Three Issues Dominating Battles In And Out of Court, And the Reasons for the Election Lawsuit Explosion

  • Ohio's "Coingate" Scandal: How It Exposes the Flaws of Our Campaign Finance System

  • The 2008 Election: Could It Be A Repeat of 2000?

    • U

    V

    HARRY A. VALETK

  • Teens And The Internet: Disturbing "Camgirl" Sites Deserve a Closer Look

    • JENNIFER VAN BERGEN

  • The Further Dangers of Secrecy: A Federal District Court Interprets the Foreign Intelligence Surveillance Act to Allow Spying on Those Who Are Neither Spies Nor Terrorists

  • Speech on Campus After 9/11: Less Free Than It Used To Be?

  • How Government Forfeitures are Shutting Down U.S.-Based Muslim Charities:

  • It's Time to Appoint a Special Prosecutor to Investigate the President's Actions With Respect to the NSA's Warrantless Wiretapping

  • The Unitary Executive: Is The Doctrine Behind the Bush Presidency Consistent with a Democratic State?

  • Why Did the Fourth Circuit Suggest it Might Vacate its Decision In the Case of Alleged Dirty Bomb Conspirator Jose Padilla?

  • The New CIA Gulag of Secret Foreign Prisons: Why it Violates Both Domestic and International Law

    • JOHN T. VILE

  • A Republic Established on Arguments and Interests

    • W

    REP. HENRY A. WAXMAN

  • The Bush Administration Owes the Public A Complete Accounting about Its Use of Intelligence on Iraq

    • ALEC WALEN

  • A Recent Exoneration Underlines a Basic Truth

  • An Alternative to the Partial Birth Abortion Ban Act: The Preferable, Constitutional Legislation Congress Declined to Enact

  • Federalism For Postwar Iraq: How Federalism May Make Democracy Work

  • If Roe v. Wade Is Overruled, What Arguments Should Abortion Rights Supporters Use?

  • Double Jeopardy And The Death Penalty: A Supreme Court Case To Be Argued In November May Only Show The Court's Continuing Support For Execution

  • Cloning For Research And Therapy, Not To Produce Children: The President's Council Weighs In On Banning Versus Allowing It

    • SPENCER WEBER WALLER

  • The European Union's New Antitrust Law Reforms

    • HOWARD WASSERMAN

  • The Mitchell Report on Steroids in Major League Baseball:

  • The Civil Suit Arising Out of the Duke Lacrosse Rape Case:

  • The Supreme Court's Recent Decision in Wallace v. Kato: Complicating the Process for Civil Rights Plaintiffs Challenging Unconstitutional Convictions

  • Baseball, the Law, and the Rules, Part III: Barry Bonds Takes on the First Amendment,

  • Baseball, the Law, and the Rules, Part Two:

  • Baseball, the Law, and the Rules, Part One: Thoughts on Barry Bonds, Mark McGwire, Pete Rose, and the Hall of Fame

  • Fast Food Justice: Infamous Cases Involving French Fries, Obesity, Too-Hot Coffee, and Fingertips

    • WALTER M. WEBER

  • Snyder v. Phelps: Testing the Free Speech Clause in the Westboro Baptist Funeral Picketing Case

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