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Courts

Things to Consider Before Litigating

Mark Baer | Posted 01.25.2014 | Crime
Mark Baer

As you can see, decisions rendered in court are not based on all of the evidence -- just all of the legally admissible evidence

Nuking Obstruction: This Could Be the Start of Something Big

Nan Aron | Posted 01.25.2014 | Politics
Nan Aron

The Democrats needed to act, and they did. The threshold for ending debate is now a simple majority and not a super-majority. It was an astonishing and historic moment.

The Vote That Will Change America

Doug Kendall | Posted 01.25.2014 | Politics
Doug Kendall

Our federal government was designed as a republic. Within this system, and over time, elections were to have consequences and enlightened public opinion was to govern. Extra-constitutional appendages like the filibuster, abused by minority parties, have moved us away from that vision. Instead, our government is in perpetual gridlock, and the American people have lost faith in their government to even function properly. Even after this rules change, one of our parties must still win the House, the Senate, and the presidency before radically changing our country. That's no small feat. It will often require victories over the course of several elections. That's probably as it should be. Change ought to be possible, but only when one of our parties really earns it. The filibuster gave a small minority in the Senate outsized power to stifle the will of the people.

Lessons I Learned From My Parents: Part VI

Mark Baer | Posted 11.30.2013 | Divorce
Mark Baer

As Justice Harvey Brownstone says, "When you start a court case, you are starting a war." When you think about it, nobody enters into a battle, fight, game, or other adversarial situation with the intent to lose or even tie.

Lessons I Learned From My Parents: Part IV

Mark Baer | Posted 10.26.2013 | Divorce
Mark Baer

The next lesson I learned was that the concept of the 'evil stepmother' developed for good reason. Unfortunately, there is an inherent conflict of interest between a new spouse and children from a prior marriage or relationship.

The Power of Words

Mark Baer | Posted 10.05.2013 | Divorce
Mark Baer

Within the context of family law, the following terms have been found to negatively influence people's behavior: divorce, child custody, visitation, access, sole, and primary.

When the Law Is Involved, Do Notions Of Fairness Matter?

Mark Baer | Posted 09.28.2013 | Divorce
Mark Baer

When attorneys, mediators and others are involved in the process, their concepts of fairness may well differ from those of one or both of the parties and from those of the other professionals involved.

Happy Birthday, ADA!

Joan Williams | Posted 09.22.2013 | Parents
Joan Williams

Expectant mothers risk losing their jobs, their babies or both when employers deny them pregnancy accommodations at work.

Federal Public Defender Sequester Cuts Slammed As 'Ill-Conceived'

The Huffington Post | Ryan J. Reilly | Posted 07.23.2013 | Politics

Forty former federal judges and prosecutors are urging Congress to fully fund the federal public defenders program that has been decimated by sequestr...

Trayvon, Zimmerman and Our Motivations

Binta Niambi Brown | Posted 09.13.2013 | Black Voices
Binta Niambi Brown

What if we were motivated by love, not fear? What if, as Nick Surkamp tweeted Sunday morning, George Zimmerman offered Trayvon Martin a ride, to get out of the rain?

Another Holiday Looms -- With Its Perilous Pitfalls

Saul Segan | Posted 08.25.2013 | Travel
Saul Segan

I wrote about DUI Checkpoints as Memorial Day Weekend approached and cautioned my readers about the additional presence of checkpoints

Courts and (Neo)Vouchers: When (if Ever) Should We Be Surprised?

Kevin Welner | Posted 08.26.2013 | Politics
Kevin Welner

Lawyers who designed the neovoucher approach were doing what lawyers are hired to do: to find a work-around that will allow their clients to follow a desired path notwithstanding a law intended to block that path.

When (Neo)Voucher Advocates Lose

Kevin Welner | Posted 08.21.2013 | Politics
Kevin Welner

The court applied the no-aid clause to find that a voucher system cannot fund private schools, whether set up with direct funding or through a tax credit scheme.

A 'Pack' of Nonsense

Doug Kendall | Posted 08.07.2013 | Politics
Doug Kendall

The claim from the right is that President Obama is attempting to use these appointments to advance his policy agenda. This gets it exactly backwards. It is conservatives who have, successfully, used appointments to the D.C. Circuit to advance their policy agenda in recent years.

Wrongfully Convicted Still Haunted By Their Record

www.nytimes.com | Posted 07.06.2013 | Politics

In Wisconsin, Audrey Edmunds served 11 years in prison in the shaking death of an infant girl for whom she had been baby-sitting. In 2008, a mountain ...

Obama Judicial Vacancies Continue To Rise In Second Term, Face Issues

The Huffington Post | Chris Gentilviso | Posted 04.05.2013 | Politics

As President Barack Obama entered his second term in January, judicial vacancies stood as an area with room for improvement. According to Alliance...

WATCH: The Death Penalty's Fatal Flaws

Bill Moyers | Posted 05.28.2013 | Crime
Bill Moyers

Over time, Supreme Court Justices have fine-tuned the circumstances under which the death penalty may still apply, but no set of laws or jurisprudence can undo wrongful executions -- or, it seems, completely prevent them.

The Answer Is to Fix the Justice System

Rebecca Love Kourlis | Posted 05.05.2013 | Politics
Rebecca Love Kourlis

While mediation and arbitration certainly have their place, we cannot and should not abandon the system itself. What we need is a justice system that is more accessible, efficient, and accountable.

In Our Courts 'Justice' Is Bought

Lance Soskin | Posted 04.28.2013 | Business
Lance Soskin

Due to the nature of our adversarial justice system, it's more often than not going to be the party with the high-priced attorney who wins in court rather than the party with the more meritorious case.

Do Lawyers Not Have a Social Responsibility?

Saul Segan | Posted 04.27.2013 | Crime
Saul Segan

I, myself, have become affected by stereotypes of the members of my profession, along with the rest of humanity. Being fortunate to have become one of those members of an often misunderstood group, there has been ample opportunity to compare the actualities with the fantasies.

It's Time to Confirm Caitlin Halligan

Marcia D. Greenberger | Posted 04.17.2013 | Politics
Marcia D. Greenberger

If confirmed, Ms. Halligan would become only the sixth female judge in the D.C. Circuit's history, providing sorely-needed diversity to the federal bench. The whole country has a stake in her confirmation.

The Slow Death of Justice in California

Joanne Doroshow | Posted 03.31.2013 | Politics
Joanne Doroshow

The societal harm caused by judicial budget slashing to crisis levels obviously stretches far beyond the damage caused to parties in individual cases. It undermines our democratic system.

Americans Unchained: Guns, Government and Justice

Harvey Rosenfield | Posted 03.24.2013 | Politics
Harvey Rosenfield

The presence of a million more guns than people in this country is an alarming plebiscite on the nation's confidence in the rule of law. If Americans lose faith in the courts as they have with other democratic institutions, disputes that would otherwise be settled by law will be settled by force.

Radley Balko

Our Broken Criminal Justice System: The Issues No One Is Talking About

HuffingtonPost.com | Radley Balko | Posted 11.19.2012 | Politics

Our broken criminal justice system wasn't discussed in the first two 2012 debates, and it's unlikely it will be addressed in the two that remain. In f...

Consumers Fight Big Banks for a Day in Court

Rep. Dennis Kucinich | Posted 10.17.2012 | Business
Rep. Dennis Kucinich

The public at large is finally learning about abuses in the credit card banking industry. Over time, the banks may change their policies. But as a consumer, you must learn your rights, and you must insist that your rights are upheld.