Ideas

Suppose that members of a state court are prepared to announce a highly controversial ruling. The court might be prepared to rule that a state must allow same-sex marriage, that a state may not [...]

A concurring opinion in a First Circuit copyright case from the 1990s caught my attention when it came out, and I have been rolling its ideas around in my mind ever since. In the case, the court [...]

My topic is an important defect in the United States Sentencing Guidelines: their attempt to withhold from federal prosecutors the power to enter into sentence bargains pursuant to Rule [...]

Imagine a stock market in which buyers and sellers couldn’t find out the prices at which anyone else sold a share of stock. If you wanted to buy (or sell) a share of stock, you would have to [...]

Adopted on July 17, 1998, the Rome Statute of the International Criminal Court (“ICC” or “Court”) entered into force on July 1, 2002, and since that date, four situations have been referred to [...]

We are living in a time of crisis. Terrorists have struck our shores and promise to again. We are at war in Afghanistan and Iraq and some believe we should add Iran to our battlefields. To [...]

Entire texts have been devoted to exploring the meaning of the term “lifestyle” and sociological understandings of lifestyle are complex and nuanced. For present purposes, however, a more simple [...]

Jennifer Hoffman identified as a woman. A classmate of mine in law school and a section-mate of mine during our first year, Jennifer wore no make-up, her short brown wavy hair parted to her right [...]

These are not happy times for either the practice or the teaching of law. On the practice side, law firms are folding and laying off lawyers in unprecedented numbers, while on the teaching side, [...]

Thank you for your kind introduction. I am going to make one factual correction which should be of interest to everybody. Technically I am the longest serving governor in history of the State of [...]