Alan B Morrison

Alan B Morrison

August 08, 2024 | National Law Journal

Not So Fast: The Supreme Court Did Not Finish Its Work in 'SEC v. Jarkesy'

The high court's failure to address all questions presented in the case will result in much more litigation and uncertainty for private parties and many administrative agencies.

By Alan B. Morrison

4 minute read

July 25, 2024 | National Law Journal

TikTok's Case Is a Winner—But Perhaps Not on the First Amendment

There are reasons why the First Amendment may not be TikTok's strongest claim, and instead why the court should strike down the act as a violation of the constitutional prohibition on Congress passing Bills of Attainder.

By Alan B. Morrison

7 minute read

March 18, 2024 | Law.com

The Alabama IVF Decision: Right Result, Potentially Dangerous Rationale

The decision of the Alabama Supreme Court in LaPage v. Center for Reproductive Medicine, allowing the parents whose embryos were kept in a cryogenic nursery and were negligently destroyed to sue the company that had control of them, is a fair result. Although there is language in the opinion for the court, as well as in the concurring opinions, that has caused considerable and justified concern.

By Alan B. Morrison

7 minute read

February 07, 2024 | National Law Journal

Congress Should Curb Removals to Federal Court in Some Section 1983 Cases

"To understand why removal in some cases should be prohibited, it is necessary to examine the current law regarding which cases can and cannot be heard in the federal courts."

By Alan B. Morrison

8 minute read

October 12, 2023 | National Law Journal

More Reasons to Deny Releases to Nondebtors in the Purdue Bankruptcy

Even if the U.S. Court of Appeals for the Second Circuit were right that some releases are permitted, there are many other significant questions about who is entitled to a release, and under what circumstances, on which the statute provides absolutely no guidance, writes contributor Alan B. Morrison.

By Alan B. Morrison

5 minute read

June 27, 2023 | National Law Journal

Speedy Trial Vital in Trump Docs Case: Here's How to Make It Possible

Focusing on Trump's willful refusal to return the documents can shorten the trial and serve to undercut his claim of selective prosecution—because no one else kept classified documents once the government asked for them back.

By Alan B. Morrison and Stephen A. Saltzburg

5 minute read

June 05, 2023 | National Law Journal

Second Circuit Approves Third-Party Bankruptcy Releases, Then Tries (Unsuccessfully) to Limit Them

Second Circuit ruling in the Purdue Pharmacy bankruptcy appeal raises the basic question of whether such releases are permitted at all, taking into account the court's conclusion that some limits are essential, although not found anywhere in the Bankruptcy Code.

By Alan B. Morrison

8 minute read

May 18, 2023 | National Law Journal

Law School Rankings: The Good News, the Bad News and the Ultimate Proof That It Is Flawed

The newest version of U.S. News law school rankings has some sensible changes, as well as some problematic elements, but the bottom line is that the dramatic shifts in methodology for the overall rankings is fatally flawed.

By Alan B. Morrison

7 minute read

March 27, 2023 | The Recorder

Interstate Telehealth: Striking a Sensible Balance

"Until a national solution can be found, that covers all states and all funding sources, there are likely to be lawsuits, including some class actions, against medical boards and insurance companies for refusal to pay for telehealth services, and perhaps claims by out-of-state patients for deaths or serious injuries when their conditions worsened because they could not talk to their regular doctors," says George Washington University Law School's Alan Morrison.

By Alan B. Morrison

6 minute read

March 21, 2023 | National Law Journal

If the NFL Is Serious About Ending Racial Bias in Coach Hiring, It Should Stop Hiding Behind Arbitration

The point is about the NFL's hypocrisy: on the one hand it proclaims a lack of any wrongdoing and professes a heartfelt desire to see that there are more Black NFL head coaches. At the same time, it uses every legal maneuver available to split up these claims in a way that makes finding a long-term solution much more difficult because of these divide-and-conquer tactics.

By Alan B. Morrison

5 minute read