Commentary

  • Legal Times

    Free to Work

    By Clint Bolick | May 6, 2002

    Two black-letter-law, dead-certain things they tell you when you're studying for the bar exam are: (1) If the court applies the "rational basis" standard, the plaintiff always loses; and (2) t

  • New Jersey Law Journal

    No One Is Minding the Land Use Store

    By David J. Frizell | May 16, 2005

    In the Feb. 28 Law Journal [179 N.J.L.J. 875], Tom Hall, Kevin Moore and Ted Zangari submitted a "Modest Prescription for Land Use Reform." Of the three remedies they prescribe, the fir

  • Legal Times

    Bench Politics

    By Roger Pilon | January 30, 2002

    Should the Senate Judiciary Committee grill nominees for the federal courts about their ideology and then reject those who fail an ideological litmus test? The implications are breathtak

  • Legal Times

    Swearing by the Jury

    By Steve Weinberg | April 19, 2002

    "In the Hands of the People"by William L. DwyerSt. Martin's Press, 237 pages, $24.95)Before becoming a U.S. District judge in 1987, William L. Dwyer spent 30 years as a

  • New Jersey Law Journal

    Editorials

    October 30, 2006

    A Long Gain In football parlance, a "punt" is a kick back to the other team on fourth down when the odds are against achieving a first down. The converse is to "go for it" and r

  • National Law Journal

    Needed: Novel Law

    By Michael Asimow | May 26, 1999

    Last night I dreamed that I was in a big conference room with all of the lawyers from John Grisham's novels, and we were trying to form a new law firm. It looks like we've got most of the bases cov

  • New Jersey Law Journal

    Consumer Protection Laws Are Ripe for Exploitation

    By James Copland and Sherman Joyce | September 4, 2006

    When investors discuss "the next big thing," they're generally speculating about innovations that might spur major economic growth. When personal injury lawyers and certain interest group exec

  • Legal Times

    Give Us More Information

    By Aziz Huq | September 11, 2006

    Information about national security is generated largely inside one branch — the executive. To preserve the constitutional separation of powers, Congress, the judiciary, and, ultima

  • The Recorder

    Torture by Proxy

    By Karen L. Snell | November 1, 2001

    To the French, Kenneth Starr is known as the "Ayatollah sexuelle," but after his recent comments in The Washington Post suggesting that we should cast aside traditional civil liberties

  • New Jersey Law Journal

    Editorials

    July 5, 2004

    Sentencing Turmoil In a significant 5-4 ruling certain to have a far-reaching impact on sentencing decisions in many states and federal courts, the United States Supreme Court h

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