National Law Journal | Commentary
By Adam J. Levitt | September 9, 2024
Arguing Class Actions is a monthly column by Adam J. Levitt for the National Law Journal.
National Law Journal | Commentary
By Casey Miller | August 22, 2024
"We must create a culture where people accept identifying as an alcoholic as readily as they would accept a diagnosis of another disease," writes attorney Casey Miller.
National Law Journal | Commentary
By Brian T. Fitzpatrick | August 15, 2024
The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.
National Law Journal | Commentary
By David Casazza, Elizabeth Kiernan and Addison Bennett | August 14, 2024
The Supreme Court's holding in Truck Insurance Exchange v. Kaiser Gypsum ensures that insurers who have long been silenced in Chapter 11 proceedings will now be heard.
National Law Journal | Commentary
By Alan B. Morrison | August 8, 2024
The high court's failure to address all questions presented in the case will result in much more litigation and uncertainty for private parties and many administrative agencies.
National Law Journal | Commentary
By Adam J. Levitt | August 5, 2024
Arguing Class Actions is a monthly column by Adam J. Levitt for the National Law Journal.
National Law Journal | Commentary
By Neil Gorsuch | August 4, 2024
"Of course, anything useful can be abused, and federalism is no exception," U.S. Supreme Court Justice Neil Gorsuch writes in his forthcoming book. "The cry of 'states' rights' was used to justify slavery and Jim Crow laws and to defy federal civil rights legislation."
National Law Journal | Commentary
By Joseph Sellers | July 30, 2024
The broad and flexible interpretations of the word "sex" have surely surpassed the expectations of the bill's authors, and even more so its detractors who added the word itself.
National Law Journal | Commentary
By Alan B. Morrison | July 25, 2024
There are reasons why the First Amendment may not be TikTok's strongest claim, and instead why the court should strike down the act as a violation of the constitutional prohibition on Congress passing Bills of Attainder.
National Law Journal | Commentary
By Thomas Stratmann | July 22, 2024
Any regulations from the FTC report will likely face numerous hurdles—especially since those regulations will need to survive arbitrary and capricious review and a renewed skepticism of regulatory schemes generally, thanks to Chevron's overturn.
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