Carl Tobias

August 15, 2005 | National Law Journal

A year after the Supreme Court ruled that the 600 Guant�namo Bay detainees were entitled to some due process, most still haven�t received any. As pressure mounts from American citizens and the international community, Congress should at least legislate measures to cover detainees.

By Carl Tobias Special to The National Law Journal

5 minute read

July 26, 2012 | National Law Journal

President Barack Obama must promptly nominate circuit and district judges, and Republicans must cooperate better.

By Carl Tobias

4 minute read

August 03, 2012 | New Jersey Law Journal

The existence of 76 open judgeships nationwide erodes the delivery of justice. The president must expeditiously nominate, and senators must swiftly approve, candidates before the presidential election additionally slows the process.

By Carl Tobias

4 minute read

January 07, 2005 | Law.com

Sen. Harry Reid, D-Nev., the new Senate minority leader, recently criticized Justice Clarence Thomas as an "embarrassment" but suggested that he might support Justice Antonin Scalia for chief justice of the United States because the jurist is "one smart guy." Sen. Reid's remarks provoked an immediate firestorm of criticism. Unfortunately, the controversy generated by Sen. Reid's remarks has obscured numerous salient ideas that the new minority leader articulated.

By Carl Tobias

3 minute read

April 21, 2010 | New Jersey Law Journal

When the 111th Senate recently returned from its spring recess, the federal bench experienced 103 vacancies out of the 858 appeals and district court judgeships. These need to be filled soon.

By Carl Tobias

4 minute read

May 03, 2006 | Legaltech News

NTP Inc. and Research In Motion recently settled their protracted dispute over continuing use of the BlackBerry, the popular wireless messaging device. This disposition by private settlement leaves unresolved many legal and public policy issues raised by the half-decade-long, sharply contested litigation. One overarching issue, says commentator Carl Tobias, is whether the system for resolving patent infringement claims best serves the litigants, the judicial process and the public interest.

By Carl Tobias

4 minute read

July 07, 2011 | New Jersey Law Journal

In the New Year's Eve Year-End Report on the Federal Judiciary, Chief Justice John Roberts Jr. decried each political party's blocking of judicial nominations because this has "created acute difficulties for some judicial districts" by burdening them with "extraordinary caseloads."

By Carl Tobias

4 minute read

June 20, 2005 | New Jersey Law Journal

The resolution over judicial nominees is a just one.

By Carl Tobias

3 minute read

October 10, 2008 | The Legal Intelligencer

As congressional machinations intended to resolve the worst economic crisis since the Great Depression transfixed the nation, the Senate took a little-noticed, but extraordinary, action. Senators unanimously confirmed 10 federal district court nominees, even though the Senate has traditionally approved few judges after Labor Day in presidential election years.

By Carl Tobias

4 minute read

May 07, 2010 | The Recorder

The soon-to-be vacant seat on the U.S. Supreme Court is in the spotlight. But there are about 100 other seats that really need filling.

By Carl Tobias

4 minute read