June 06, 2013 | National Law Journal
DNA Swabs for Arrestees: What's the 'Right" Answer?Reading the U.S. Supreme Court's 5-4 decision of June 3 in Maryland v. King, which upheld the right of the state to take a DNA swab from a person who was arrested, but not convicted, and use it to tie him to an unsolved rape, left me with two minds.
By Alan B. Morrison
6 minute read
February 23, 2009 | National Law Journal
Condemn Bad AssetsTreasury Secretary Timothy Geithner's rescue proposal on Feb. 10 met with a resounding thud on Wall Street. If banks can't lend because they fear their balance sheets may collapse from toxic assets, it is time to try another approach.
By Alan B. Morrison
6 minute read
March 05, 2012 | National Law Journal
Commentary: Court should not decide challenges to health care law at this timeThe parties in the Affordable Care Act cases do not agree on much, but they all urge the U.S. Supreme Court to decide whether the ACA's individual mandate is constitutional. There are, however, two large hurdles that must be surmounted first: the Anti Injunction Act in Section 7421 of the Tax Code, which the U.S. Court of Appeals for the 4th Circuit (and Judge Kavanaugh of the D.C. Circuit in dissent) found applicable, and serious questions about whether the plaintiffs have standing to sue at this time.
By Alan B. Morrison
6 minute read
July 22, 2013 | National Law Journal
Affirmative Action Score: Advantage: U. of TexasAs hypothetical memo shows, despite challenger's 7-1 'victory' in Fisher, state schools face little risk.
By Alan B. Morrison
8 minute read
December 06, 2010 | National Law Journal
Courts aren't perfect, but...Judges, in most cases, do what we should occur in all debates: honestly grapple with the warring contentions and decide which result most conforms to the facts and applicable law.
By Alan B. Morrison
10 minute read
March 03, 2003 | National Law Journal
Time for a Bigger AudienceWhen it comes to exploring the legal views of judicial candidates, what's sauce for the goose (the president) should be sauce for the gander (the Senate), argues Alan Morrison.
By Alan B. Morrison
7 minute read
August 17, 2009 | National Law Journal
Alas, no disciplinary actionBased on the factual evidence, it is improbable that bar disciplinary action would be taken against the lawyers who wrote the infamous torture opinions. But we should not disregard the problem set forth by this unfortunate set of circumstances.
By Alan B. Morrison
6 minute read
May 19, 2003 | National Law Journal
Your Money or Your LifeWhen punishment goes too far, the Supreme Court appears to care more about lost money than lost freedom, laments Alan Morrison.
By Alan B. Morrison
7 minute read
July 04, 2005 | National Law Journal
Two flaws should be fixedAlthough there are a number of tough issues to resolve before the Fairness in Asbestos Injury Resolution Act of 2005 can be enacted, there are two serious flaws that directly harm asbestos victims and should be fixed no matter how other questions are decided.
By Alan B. MorrisonSpecial to The National Law Journal
5 minute read
August 18, 2011 | National Law Journal
Restore the president's appointment powerThe president may choose not to do battle with the Senate over appointments, but he should not do so because he lacks the legal tools to restore a proper balance to the confirmation process.
By Alan B. Morrison
13 minute read