ARCHIVE:
Jurisprudence
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Go Ahead, Complain About Your Job on Facebook
It’s become harder to fire workers for griping online.
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It’s Not Just the Second Amendment Anymore
How the NRA is larding state constitutions with frivolous, redundant “right to hunt” amendments.
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Remembering Bork
He was my teacher 30 years ago. I’ve spent my career proving him wrong.
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What if Robert Bork Had Joined the Supreme Court?
It probably would have been less politicized and more committed to the rule of law.
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Sue the Gun Makers, and the Sellers, Too
Congress should repeal the bad law that shields them from liability.
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The Invisible Case Against the Consumer Product Safety Commission
An anonymous company’s secret challenge to the agency’s new database of safety complaints.
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The Catch-22 of Eyewitness ID
Juries trust the memory of witnesses even when they shouldn’t.
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Can We Finally Disarm the NRA?
Only if voters are willing to square off against a gun lobby that has almost never been challenged.
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The Last Outright Ban on Concealed Weapons Goes Down
Illinois’ law falls to the Second Amendment right to bear arms.
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The Arguments for Gay Marriage Undermine Affirmative Action
Here’s how Justice Kennedy could vote to recognize same-sex unions and scrap racial preferences.
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Will Churches Be Forced To Conduct Gay Weddings?
Not a chance. That’s just the scare tactic conservative groups use to frighten voters.
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No Harm, No Standing
In the California gay-marriage case, no one has a legal interest in denying someone else’s happiness.
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Have Gay Marriage Advocates Been Too Successful?
Why their recent victories at the ballot box may hurt the chances for marriage equality before the Supreme Court.
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The Civil Rights Case of Our Generation
The Supreme Court has agreed to consider the constitutionality of gay marriage. This is gonna be big.
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The Dark Dangers of Tunnel Vision
Why police and prosecutors suspect the wrong person—and then dig in.
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Irrational Basis
The judge in Nevada who upheld a gay marriage ban had no good reason at all.
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Would You Rather Go To Church or Prison?
That’s the choice a judge gave a teenage drunk driver. Constitutional?
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Lies and the Lying Tobacco Company Liars Who Told Them
A judge orders ads correcting past deception about the dangers of smoking.
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Foreign Influence
Can a death row inmate in Virginia save his life by claiming he’s Ukrainian?
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Can Restoration Hardware Legally Knock Off the Navy Chair?
Actually, the big retailer’s cheap imitation is the best thing to ever happen to the original.
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