By applying one standard to low-income families, and another to the Republican Party, the 6th Circuit employed an unconscionab...

Two recent cases will make some judges think at least twice before granting an insurer's summary motion, let alone a demurrer.

An upcoming case on the Supreme Court's docket potentially provides the court with the occasion to bring First Amendment law c...

This election's candidates who are trained as lawyers have better used their skills to appropriately define issues and marshal...

Permitting the prosecution to adopt a label that rightfully includes those very "people" charged with deciding the case risks ...

The public trust doctrine, a cornerstone of modern environmental law in California, has been relatively quiescent in recent ye...

The state Supreme Court had an easy opportunity to set a high standard for attorney conduct, and muffed it badly.

Guns and Guantanamo are so last term. Here's what's on the horizon for the U.S. Supreme Court's October 2008 term.

Entirely unregulated markets have resulted in a form of big-government socialism beyond would-be regulators' wildest dreams. T...

The Supreme Court is clearly giving little weight to its oft-stated presumption against finding pre-emption, writes Erwin Chem...

Since over 90 percent of all family law cases eventually settle, there is something to be said for trying to get it right the ...

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...

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.

By staying on as chief judge, Alex Kozinski is eroding the public's faith in the 9th Circuit, writes William Domnarski. - Foru...

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...

In supporting individuals' gun rights, the Supreme Court's right-wing bloc showed that all of the conservative rhetoric about ...

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...