It seems hard to believe that, in the entirety of American history, only one Supreme Court justice (who wasn’t previously President of the United States) has ever been on a government-issued coin.
Given his outsized judicial legacy, it’s only appropriate that said justice was John Marshall.(more…)
When we think of the most powerful Senate Majority Leaders in U.S. history, we tend to think of people like Lyndon Johnson, Robert Taft, Howard Baker, Bob Dole, or even modern Senators like Mitch McConnell and Harry Reid.
Joseph T. Robinson of Arkansas, however, has largely been forgotten about.(more…)
I was a guest on the Nixon Foundation’s “Nixon Now” podcast, speaking with host Jonathan Movroydis. I greatly enjoyed the conversation. Thanks for having me on!
Also from ABA Journal: an image gallery (complete with factoids) about several major themes in Nixon in New York.
My latest cover story for the ABA Journal: The 50-year story of the Miranda warning has the twists and turns of a cop show.
In light of Ted Cruz’s threat to shut down the government if Obamacare isn’t repealed, I figured I’d post the article I wrote in 2011 about his Senate campaign. Even then, he told me that he wasn’t planning on compromising when he got to Washington.
This was originally going to run in the October issue of The American Lawyer, but it got killed for reasons unknown. I liked the story, though, and thought it would have been a good one, so I figured I’d post it here:
When the U.S. Supreme Court decided AT&T Mobility v. Concepcion in April, upholding a mandatory arbitration and class action waiver clause in a consumer agreement, plaintiff’s lawyers and commentators reacted as if they had lost a loved one. The New York Times accused the Concepcion majority of barring Americans from enforcing their rights in court while Jeremy Heisler, a founding partner of Sanford Wittels & Heisler, called the decision “extreme” and feared the decision would have a chilling effect on employees reporting abuses.
But a funny thing happened on the way to mandatory arbitration land, where the results are secret, the rules of evidence and discovery are relaxed, and the costs are usually much lower than in litigation. Judges in both employment and consumer class actions have been refusing to follow Concepcion, often distinguishing their own cases on factual differences. In some cases, they’ve even attributed a broad consumer-friendly undertone to Concepcion.(more…)
For something that comes around once a decade (unless you’re in Texas), it’s no surprise that redistricting generates a ton of litigation.
Paul Clement’s had a busy couple of weeks. First, he quit his firm, King & Spalding, after the firm withdrew from defending the Defense of Marriage Act (DOMA), and refused to go quietly. Then he joined a boutique firm where he could take on the cases he wanted to – like defending Arizona’s controversial immigration law.
I wrote these four stories in my first few weeks as an intern at The American Lawyer. I got a lot of internal praise for these and I think they may have contributed to their decision to hire me on a full-time basis.
The Other Gay Marriage Case: Prop 8 in California may get all of the attention, but a challenge to the Defense of Marriage Act brought by lawyers at Foley Hoag, Sullivan & Worcester and Jenner & Block could be the case to watch. By sheer luck, my story about the case (Gill v. Office of Personnel Management) was posted a mere half hour before the decision came down.
A Scene from the Manchurian Candidate: Morrison & Foerster’s Gordon Espalmer represents victims of Cold War era mind-control experiments.
Innocence Beyond All Doubt: Law firms work to reverse the convictions of the “Norfolk Four.”
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