A Fate Worse Than Death: Prisoners' Takes on Punishment
By Joseph H. Cooper
Forget about criminologists and penologists. In considering how to deal with Sept. 11 conspirators, consult convicts, writes J...
Antonin Scalia's dissent in this year's Guantanamo ruling was disturbing because of its accusation that the majority has harme...
Judges and Judiciary
The Bench Paradox: As Need for Federal Jurists Grows, More Leave
By William Domnarski
The recent news that George Schiavelli announced he was leaving the district bench,helps illustrate the paradox that, in a tim...
In law, a party that doesn't want the evidence examined has something to hide, Robert Bastian writes. ...
The Bush administration’s position that the strength of U.S. disability laws obviates the need to sign a U.N. human rights tre...
The contrast between the spectacle of the Olympics and the gritty reality of competition parallels with law, in particular, ru...
Why Your Company's Communications With Environmental Regulators Put It at Risk for Personal Injury Litigation and What You Can...
Literature has always had compelling relevance to the law because of its ability to create and renew empathy and understanding.
Judges and Judiciary
Kozinski: Stay on the Bench, or Get Off the Court?
By William Domnarski
By staying on as chief judge, Alex Kozinski is eroding the public's faith in the 9th Circuit, writes William Domnarski. - Foru...
9th U.S. Circuit Court of Appeals
Kozinski: Stay on the Bench, or Get Off the Court?
By Erwin Chemerinsky
Judges are allowed to engage in legal behavior that does not affect their ability to carry out their duties, writes Erwin Chem...
Since the Supreme Court's ruling in 'Campbell' in 2003, there has been much appellate activity in analyzing jury awards of pun...
The State Water Board’s position to allow its attorneys to perform overlapping functions is out of step with the developing st...
The sole remaining political effectiveness of the judicial activism tag is that the candidate can still discretely wink at vot...
The future seems to be that, absent dramatic facts and if the compensatories are sizeable, the U.S. Supreme Court will not let...
U.S. Supreme Court
To Scalia, Judicial Restraint Means Opposing Rights He Doesn't Like
By Erwin Chemerinsky
In supporting individuals' gun rights, the Supreme Court's right-wing bloc showed that all of the conservative rhetoric about ...
Law Practice
Tolstoy's 'Ivan Ilyich' Foreshadowed Our Own Incarceration Frenzy
By Robert L. Bastian Jr.
More than a century before America began incarcerating a huge share of its adult population, Leo Tolstoy looked upon chained p...
Ultimate responsibility for fairness within the criminal justice system rests not only with the defense bar, but also with the...
Richard Posner's book "How Judges Think" is a testament to his abiding values of inquiry and analysis, writes William Domnarsk...
In denying review of an 8th Circuit case, the Supreme Court affirmed that a private enterprise, in the business of selling big...
Civil Rights
Class Action Fraud Takes the 'Class' Out of the Legal Profession
By Timothy D. Reuben
Firms like Milberg that have so profited from the justice system need to be leaders of the bar in the area of professionalism.
The decision by a county clerk to stop performing marriage ceremonies runs afoul of the values that underlie our collective hi...
Environmental & Energy
RIP, SUV: Lawyers Should Lead by Example With Car Choices
By Timothy D. Reuben
Lawyers should get used to having less and setting better examples by ditching their irresponsible SUVs. ...
A Novel Reminder of the Compassion Missing from the Justice System
By Joseph H. Cooper
A 'Beloved' American novel showcases the kind of compassion that is often missing from the criminal justice system, writes Jos...
Law Practice
State Bar Should Propose a Prohibition of Redundant Rules
By Rafael Chodos
A poorly written and ill-conceived proposed new rule from the State Bar emanates from the rigid assumption that lawyers' charg...
A recent state Supreme Court ruling articulated some guidelines that might inhibit the expansion of the breach of fiduciary du...
A lawyer in doubt about having authority to sign a notice of appeal should have the client sign the notice personally, write B...
Under a recent Supreme Court decision, individuals will be imprisoned for offering or requesting material protected by the Fir...
Both Proposition 98 and Proposition 99 contain ambiguities, and raise legitimate questions about their ultimate scope and effe...
Budget crisis? No problem -- these proposed laws should clear things right up, writes R. Konrad Moore. - Forum Column ...
Justice Marvin Baxter's dissent in "In Re Marriage Cases" is, at best, an example of an unsupported slippery slope argument.