Harvard Professor Randall Kennedy suggests that Supreme Court Justices Ruth Bader Ginsburg and Stephen Breyer should consider retirement in the interest of the long-term survival of the more progressive wing of the court. Kennedy calls retirement "the responsible thing to do." Looking ahead
In what will surely be seen as a sweeping win for corporations and a a major abrogation of the class-action lawsuit, the Supreme Court ruled today that corporations can force unhappy customers to settle disputes in binding arbitration. The case arose from a class-action litigation
King and Spalding announced today that they would no longer be representing the House of Representatives in litigation defending DOMA. The House had hired the firm last week after the Justice Department refused to defend the law and Attorney General Eric Holder called it
The National Institute on Money in State Politics published a report this week that breaks down over a quarter-million dollars in campaign contributions received by Iowa Attorney General Tom Miller from the finance, insurance, and real estate industries. The large sum is striking because Miller
The New York Times editorial on the disappointing hold up in congressional efforts to pass the Paycheck Fairness Act rightly calls out senators for putting corporate interests above those of female employees, who remain underpaid and sidelined in the workplace. Distracting discussions about the so-called
According to The Economist (and others), the old adage "what the judge ate for breakfast" should instead be "how recently the judge ate."
We’ve probably all heard that justice is “what the judge ate for breakfast.” Although typically invoked to explain to a confused 1L the
The House of Representatives has hired a prominent attorney, Paul Clement, to defend the Defense of Marriage Act (DOMA) against pending constitutional challenges. Clement is a former solicitor general, who is also currently representing a group of states in a lawsuit against the health care
Many federal judges are criticizing the Fair Sentencing Act of 2010, aimed at narrowing the gap between sentences for convictions involving crack and powder cocaine, for being less than fair. Under the presumption that laws do apply retroactively without a clear statement from Congress, the
As the government shifts its focus in the wake of the financial crisis from corporations to individuals, it brings with it a new investigatory tool previously reserved for organized crime and narcotics prosecutions: wiretaps.
Though insider trading is not a specified offense authorized by Title III,
Dean of the law school at the University of California, Irvine, Erwin Cherminsky, and associate professor of law at Hofstra, James J. Sample, published an Op Ed piece in the New York Times yesterday arguing that the Supreme Court should limit campaign contributions in judicial