Barry P Mcdonald

November 20, 2019 | National Law Journal

Quid pro quo defenses suggest that "wink and nod understandings" are fair game in the rough and tumble of politics so long as no one crosses the thin red line. And political parties on both sides of the aisle seem to accede to this premise.

By Barry P. McDonald

6 minute read

July 19, 2018 | National Law Journal

For some, the 150th anniversary of the 14th Amendment was a day to fete the civil rights expansion that's been achieved under it. For others, it marked the start of a broad retrenchment in that expansion.

By Barry P. McDonald

1 minute read

January 22, 2018 | National Law Journal

Why a free exercise of religion decision is a preferable way to balance the competing interests in this case.

By Barry P. McDonald

6 minute read

November 02, 2010 | National Law Journal

When one is arguing about the principles of free speech, there is an ever-abiding tendency to worry about risks of censorship. Although such concerns are certainly legitimate, there is the risk of decay to the soul of our nation when the means of free speech become rotely elevated over respect for the dignity and value of each individual.

By Barry P. McDonald

10 minute read