Examining Rights and Accountability in Correctional and Law Enforcement Employment
The Intersection of Public Service and Employee Discipline The discipline and dismissal of public employees, particularly those in sensitive roles such as correctional officers and law enforcement officers, frequently becomes a point of contention between government agencies, employee unions, and state legislation. This dynamic highlights the legal frameworks governing employment rights and public accountability. A […]
Lawyers, Political Influence, and the Sheldon Silver Case
The arrest of former Assembly Speaker Sheldon Silver brought to light issues concerning the intersection of politics and the legal profession, specifically within the context of high-stakes personal injury litigation. Following Silver’s apprehension, commentator Jeffrey Toobin recounted a historical anecdote involving the defunct law firm, Morris Eisen, P.C., describing it as “an outfit so extravagantly […]
Political Leanings in the Legal Profession: Examining the Ideological Spectrum of Lawyers and Judges
A recent study from Harvard University provides insight into the political leanings within the U.S. legal profession, finding a notable ideological difference between practicing lawyers and judges. The research suggests that U.S. lawyers generally lean to the left of the political spectrum, though their collective position is not as far left as that of law […]
Unauthorized Practice of Law: Protecting Consumers or Restricting Competition?
The legal profession, often referred to as organized lawyerdom, frequently advocates for the stringent enforcement of Unauthorized Practice of Law (UPL) statutes. These statutes serve as a form of occupational licensure intended to protect the public by ensuring that only qualified attorneys provide legal services. However, a closer examination reveals that this strict enforcement may […]
The Attorney General’s Dilemma: Declining to Defend State Laws
A complex legal and ethical question arises when a state’s chief legal officer, the Attorney General (AG), considers whether to decline arguing in court to defend a state law they believe to be unconstitutional. This issue involves a tension between the traditional norms of the legal profession and the constitutional oath of the officeholder. The […]
Private Terrorism Lawsuits and Their Impact on U.S. Foreign Policy
Private civil lawsuits filed by victims of international terrorism in U.S. courts, while intended to secure justice and compensation, often create significant tension with the conduct of U.S. foreign policy. The Rise of Private Litigation For years, with legislative encouragement from Congress and active participation from the plaintiff’s bar, victims and survivors of terrorism have […]
The Supreme Court and the ACA: Why Did Legal Scholars Miss the Mark?
The legal challenges to the Affordable Care Act (ACA), often referred to as ObamaCare, presented a perplexing outcome for many in the legal academy. As these challenges progressed through the courts, numerous leading law professors largely dismissed the arguments against the statute’s constitutionality as either frivolous or inconsequential. Despite this widespread consensus among scholars, these […]
Psychopathic Traits and the Legal Profession: An Examination
A recent examination of personality traits in various professions suggests that lawyers, alongside CEOs, rank among those with a higher prevalence of psychopathic traits, according to research presented in a new book by an Oxford research psychologist. This finding offers a nuanced perspective on psychopathic tendencies, suggesting that certain traits—such as fearlessness, charisma, focus, and […]
Legal Challenge to Racially Restrictive Covenants in Ohio Deed Records
In 1948, the U.S. Supreme Court, in the landmark case of Shelley v. Kraemer, ruled that racially restrictive real estate covenants—once a prevalent practice in property deeds—were legally unenforceable in state and federal courts. While these covenants have been nullified and are considered legally inert, county recorders across the country continue to copy and transcribe […]
Supreme Court Clarifies Pleading Requirements to Prevent Evasion of the Class Action Fairness Act (CAFA)
The Supreme Court’s unanimous decision in Standard Fire Insurance Co. v. Knowles addresses attempts by litigants to circumvent the jurisdiction granted to federal courts by the Class Action Fairness Act of 2005 (CAFA). Justice Breyer delivered the opinion of the Court, signalling the Justices’ clear impatience with legal strategies intended to evade CAFA’s provisions. The […]