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Professional Commentary
26 Apr 2005

Ellen Podgor [Georgia State University College of Law]:"In a 5-4 decision, the United States Supreme Court issued an extremely narrow decision favorable to the government in the case of Pasquantino v. United States. Justice Thomas, delivering the opinion of the Court, held that there was no violation of the common … [read more]


Professional Commentary
29 Mar 2005

Peter Henning, Wayne State University Law School:"With all the turmoil swirling around American International Group Inc., I wonder whether the company will become the new poster-child for corporate misconduct. An insurance company is built on trust, that the money given to them today (the float, as Warren Buffett discusses ad … [read more]


Professional Commentary
29 Mar 2005

Julian Ku, Hofstra University School of Law:"Having failed to motivate myself to get down to D.C. for oral argument in Medellin, and being too cheap to shell out the money for an instant transcript, I will have to content myself with reviewing the several very interesting press accounts of the … [read more]


Professional Commentary
27 Mar 2005

Richard Posner, University of Chicago Law School:"Congress is on the verge of passing and the President of signing a major overhaul of the Bankruptcy Code. (See Summary and Changes). The new bankruptcy law, popularly termed the "Bankruptcy Reform Act," has engendered passionate debate inside and outside Congress. The criticisms of … [read more]


Professional Commentary
22 Mar 2005

Peter Henning, Wayne State University Law School:"An article in the Wall Street Journal...states that two senior American International Group Inc. executives -- Howard Smith, the company's CFO, and Christian Milton, a vice president -- have been fired because they indicated that they would assert their Fifth Amendment rights in response … [read more]


Professional Commentary
21 Mar 2005

Peggy McGuiness, Missouri Columbia School of Law:"Kofi Annan is scheduled to announce in a talk to the General Assembly today that he will push for major reform at the UN, including replacing the HR Commission with a HR council, expanding membership of the Security Council from 15 to 24, making … [read more]


Professional Commentary
21 Mar 2005

Stephen Bainbridge [UCLA Law School]:"Now that Congress has approved the legislation to give federal courts jurisdiction over the Terry Schiavo case, I am finding myself oddly unable to reach a definitive assessment of that action. As I see it, Congress' act implicates four first principles I hold dear: The culture … [read more]


Professional Commentary
20 Mar 2005

Larry Ribstein, University of Illinois College of Law:"Schiavo is about abortion, at least that much is obvious. Terri Schiavo is a "fetus" tethered by life-giving machines rather than to her mother. There's speculation about whether she shows signs of life. Portraying the "fetus" as an adult lying on a bed … [read more]


Professional Commentary
20 Mar 2005

Michael Froomkin, University of Miami School of Law:"So much one could say about the entire Schiavo mess; How can the GOP support this anti-federalist measure without any hint of shame? How can the same GOP that says federal power should be seen through he lens of a limited Commerce Clause … [read more]


Professional Commentary
3 Mar 2005

Ellen S. Podgor, Georgia State University College of Law:"With the upcoming release of Martha Stewart from prison, the press is writing of her experiences and future. The Wall Street Journal provides a view of her life in prison here, AP here, and there have been many a story on her … [read more]


Professional Commentary
2 Mar 2005

Douglas Berman [Moritz College of Law, Ohio State University]:"When the Supreme Court declared in Atkins v. Virginia, 536 U.S. 304 (2002), that the Eighth Amendment prohibited the execution of mentally retarded offenders, the Court punted a number of tough administrative issues when it left to the states "the task of … [read more]


Professional Commentary
1 Mar 2005

Stephen Bainbridge [UCLA Law School]:"I'm increasingly opposed to the death penalty on both pragmatic and moral grounds, but I nevertheless found much to agree with in Justice Antonin Scalia's scathing dissent from the Supreme Court's 5-4 decision striking down the death penalty for offenses committed by juveniles (text of opinion):In … [read more]


Professional Commentary
25 Feb 2005

Richard Posner, University of Chicago Law School:"I approach the issue of immigration reform (theoretical reform - neither Becker nor I are considering the political obstacles to radical changes in immigration law) somewhat differently. I begin by asking: why restrict immigration at all? The only answer I consider fully compatible with … [read more]


Professional Commentary
24 Feb 2005

Jack Balkin, Yale Law School:"Today, in Johnson v. California, the Supreme Court held that California's practice of segregating newly arrived prisoners by race for up to 60 days was subject to strict scrutiny. Justice O'Connor wrote the majority opinion. Justices Scalia and Thomas dissented, arguing that strict scrutiny shouldn't apply … [read more]


Professional Commentary
16 Feb 2005

Jim Maule, Villanova Law School:"...[M]ost, if not all, of the discussion [about Social Security reform] presupposes continuation of the social security system, with changes in the way revenues are gathered to fund it. A few proposals discuss changing benefits, either in amount or by delaying the age at which a … [read more]


Professional Commentary
16 Feb 2005

Kenneth Anderson, Washington College of Law, American University:I want to go back to something that everyone has already talked to death - the UN report from a week or two back concluding that although Darfur involves mass murder, it does not meet the legal definition of genocide.The reason why the … [read more]


Professional Commentary
16 Feb 2005

Peter Friedman , Case Law School:"Robert Novak outed Valerie Plame as a CIA agent, and yet Matthew Cooper and Judith Miller have to go to jail because they won't disclose their sources for the information that Novak published? In his concurring opinion to the D.C. Circuit opinion affirming the trial … [read more]


Professional Commentary
11 Feb 2005

Peter Friedman, Case Law School:"I'm disappointed in Diane Feinstein's and Barak Obama's support of the Class Action Fairness Act of 2005, which the Senate approved yesterday (with House approval and presidential signature anticipated) and which provides that large multistate class action lawsuits like the ones that have been brought against … [read more]


Professional Commentary
6 Feb 2005

Richard Posner, University of Chicago Law School:"One of the commonest objections to President Bush's proposal for reform of social security is that there is no need to act now because there is no "crisis." Yet the same people who say this are wont to say that a weakness of government … [read more]


Professional Commentary
5 Feb 2005

Jack Balkin, Yale Law School:"In Hernandez v. Robles a New York State trial court judge held that the New York State constitution prohibited restricting marriage to opposite sex couples.The court held that prohibition on same sex couples violated the Due Process Clause and Equal Protection Clauses of the New York … [read more]


Professional Commentary
31 Jan 2005

Julian Ku, Hofstra University School of Law:"This Reuters story suggests that a district court judge has held the Guantanamo Bay military tribunals unconstitutional. As usual, Reuters (and other news agencies) are overstating the scope of the decision. Rather, it is more accurate to say that the district court judge has … [read more]


Professional Commentary
29 Jan 2005

Douglas Berman [Moritz College of Law, Ohio State University]:"The legal wrangling over the pending execution of serial killer (and death penalty "volunteer" Michael Ross is continuing in Connecticut. Howard Bashman at How Appealing has a lot of the newspaper coverage and other materials linked here and here, and the blog … [read more]


Professional Commentary
28 Jan 2005

Vincent Rougeau [Notre Dame Law School]:"The 60th anniversary of the liberation of Auschwitz and the recent controversies surrounding the confirmation of Alberto Gonzales made me think once again of Hannah Arendt's powerful words.  The Associated Press reported yesterday that Muslim prisoners at Guantanamo Bay have been subjected to interrogation practices … [read more]


Professional Commentary
28 Jan 2005

Julian Ku, Hofstra University School of Law:"Strangely enough, the war on terrorism is providing a slight boost for plaintiffs lawyers specializing in tort suits alleging violations of international law. This week, the UK released four men who had previously been detained at Guantanamo Bay. Lawyers for the detainees are threatening … [read more]


Professional Commentary
28 Jan 2005

Peter Henning, Wayne State University Law School:"Discussed in the Wed. Jan.26th post is the prosecution opening in the case of Tyco executives Dennis Kozlowski and Mark Swartz. Yesterday, the defense responded and it sounds like mens rea, and whether the defendants had the appropriate intent, will be prominent in this … [read more]

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