July 18, 2019 | National Law Journal
On Textualism, Sex Discrimination and Clean WaterThe legal philosophy may carry the day if the U.S. Supreme Court holds that LGBT discrimination is prohibited sex discrimination and that navigable waters are protected from indirect pollution.
By Roy T. Englert Jr.
6 minute read
April 28, 2014 | National Law Journal
Opinion: There's a Time for Appeals to Moral Vision With JusticesBorrowing his lyrics from the Book of Ecclesiastes, Pete Seeger wrote a song during the 1950s saying that "to every thing there is a season." That is no less true of U.S. Supreme Court advocacy than of any other subject. There is a time to moralize. But at times it's better to do something else.
By Roy T. Englert, Jr.
5 minute read
April 21, 2014 | National Law Journal
Unsustainable Arguments Won't Advance Case for Marriage EqualityHighlighting opponents' religious motivations is misguided and unpersuasive.
By Roy T. Englert Jr.
5 minute read
January 14, 2008 | National Law Journal
Ten Myths About the NeedleRoy Englert says that the opponents of lethal injection begin with a false premise: that the three-drug protocol is obviously unsound. No, it isn't, writes Englert, and goes on to quash 10 myths about 'botched' executions.
By Roy T. Englert Jr.
9 minute read
October 30, 2006 | National Law Journal
Too Much? YesA business is accused of somehow harming thousands of people. One such person asserts an individual tort claim and demands punitive damages. Can there be collective punishment in an individual action? The answer, Roy T. Englert Jr. and Daniel R. Walfish think, is no.
By Roy T. Englert Jr. and Daniel R. Walfish
5 minute read
August 25, 2003 | National Law Journal
In Favor of FriendsTo a skeptical judge, Roy Englert Jr. says: Give amicus briefs a chance to inform you.
By Roy T. Englert Jr.
10 minute read
February 23, 2009 | National Law Journal
Tie Goes to the OfficialWhat leads, repeatedly, to the odd assertion that all reasonable officials know to be true a proposition of law that a federal circuit judge claims is false? In "qualified immunity" doctrine for public officials, the law says that, when reasonable minds disagree, the tie goes to the defendant.
By Roy T. Englert Jr. and Eric J. Feigin
9 minute read
October 29, 2009 | New Jersey Law Journal
Flags of ConvenienceEach side in the case over the funding of "Hillary: The Movie" wishes to cast itself as the defender of precedent, as well as the defender of text and history. But neither side can win the argument that way.
By Roy T. Englert Jr. and Alex Potapov
4 minute read
August 14, 2001 | Law.com
A Favorable Term for Business CasesIn the last U.S. Supreme Court term, the business community scored an impressive number of victories -- and only a few serious defeats. The Court's decisions covered a wide range of areas of law. Some will have ramifications across the entire business community, whereas others affect only particular industries.
By Alan Untereiner and Roy T. Englert Jr.
9 minute read
August 28, 2006 | Texas Lawyer
Judges Need Good Help on AppealThe best lawyers suppress their egos when necessary. They seek help; they give help. And the best courts accept help. That is when the appellate system functions best.
By Timothy K. Lewis and Roy T. Englert Jr.
10 minute read
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