Jay Sterling Silver

Jay Sterling Silver

May 26, 2022 | National Law Journal

Trump's Jan. 6 Crimes That Remain Hidden in Plain View  

In Washington, D.C., a solicited crime must be a felony involving the use or threat of violence—solicitation is the device that can do the heavy lifting in holding ex-President Donald Trump and others responsible for their inflammatory remarks on Jan. 6.

By Jay Sterling Silver

5 minute read

February 24, 2022 | National Law Journal

Trump Can Be Sued? Not So Fast

"Proving Trump's intent to bring about imminent violence may not be a slam dunk," says Jay Sterling Silver, as thinly veiled attempts by the former president to avert liability when he incited the crowd may provide our ultra conservative justices with just enough cover to find an absence of intent.

By Jay Sterling Silver

5 minute read

April 23, 2018 | National Law Journal

Trump Is Close to Being Right on the Attorney-Client Privilege—But for All the Wrong Reasons

Although for an entirely wrong reason, the president wasn't too far away from being right about the present condition of the privilege.

By Jay Sterling Silver

6 minute read

August 31, 2015 | Daily Business Review

Upper-Tier Law Schools' Shell Game of Minority Enrollment

Here we go again. Although law schools no longer can give prospective students misleading data on graduate employment, some are creating the illusion they're doing more to expand minority representation in the profession than they really are, and many are clinging to their ranking in U.S. News & World Report through smoke and mirrors.

By Jay Sterling Silver

5 minute read

August 31, 2015 | Daily Business Review

Upper-Tier Law Schools' Shell Game of Minority Enrollment

Here we go again. Although law schools no longer can give prospective students misleading data on graduate employment, some are creating the illusion they're doing more to expand minority representation in the profession than they really are, and many are clinging to their ranking in U.S. News & World Report through smoke and mirrors.

By Jay Sterling Silver

5 minute read

August 24, 2015 | National Law Journal

Op-Ed: Law Schools' Shell Game of Minority Enrollment

Admitting diverse students as transfers in their second year does not improve overall numbers.

By Jay Sterling Silver

5 minute read

August 22, 2015 | National Law Journal

Op-Ed: Law Schools' Shell Game of Minority Enrollment

Admitting diverse students as transfers in their second year does not improve overall numbers.

By Jay Sterling Silver

5 minute read

March 29, 2012 | National Law Journal

Trayvon Martin's killing and probable cause

The legal standard for probable cause mustn't elude the grasp of the law enforcement agents sworn to protect us.

By Jay Sterling Silver

4 minute read

April 04, 2012 | New Jersey Law Journal

Trayvon Martin's Killing and Probable Cause

The revelation that police applied to the district attorney for a warrant to arrest the man who fatally shot Trayvon Martin, but were rebuffed because the murky circumstances surrounding the killing did not constitute "probable cause," is bizarre.

By Jay Sterling Silver

4 minute read

September 24, 2012 | Daily Business Review

Drew Peterson case offers lesson for both sides

Few know the bizarre tale of how the prosecutor in the Drew Peterson case nearly lost because the Illinois Legislature adopted the law he'd written to help him prevail in the matter.

By Jay Sterling Silver

4 minute read