Takings jurisprudence has long been and remains, in the opinion of many, a constitutional quagmire, with little in the way of predictable results or coherent principles. The Supreme Court itself has acknowledged the largely ...

When questions are raised regarding a law firm attorney’s representation of a firm client, the questioned attorney often wishes to seek legal counsel. A conferral will often benefit the attorney, the firm and the client. ...

The topic of regulating attorney conduct most immediately raises thoughts of disciplinary panels established by court rule or legislative enactment. Such enforcement mechanisms typically are employed to hear alleged ...

While often presumed or declared to be quite settled, many of the guidelines on lawyer civil claim settlement authority are unsettled, leaving unresolved questions for lawyers, clients, and the courts. The upcoming publication ...

This Article argues that diversity jurisdiction was intended to funnel politically significant litigation into the federal courts principally because federal officials would have the power to dictate the composition of ...

This five-part article examines the use of public school space for worship, arguing that the Second Circuit Court of Appeals was wrong in its First Amendment analysis related to the Free Speech Clause, the Establishment ...

A natural father's biological relationship with his child is often insufficient by itself to trigger the father's parental rights recognized within the "substantial protection" of the Due Process Clause of the Fourteenth ...

Today, American trial courts are trying less and managing more private civil cases. They are also losing many private claims to other dispute resolvers. The traditional role of the trial judge as a neutral, detached, and ...

In 2000 in Troxel v. Granville, four United States Supreme Court justices determined that the “liberty interests of parents in the care, custody, and control of their children” generally foreclose states from compelling ...

( Response to “Careful What You Wish For: A Critical Appraisal of Proposals to Rebuild the Labor Movement” by Lance Compa, originally published in New Labor Forum on December 28, 2015). Lance Compa is right: alt-labor ...