National Law Journal | Commentary
By John Bursch | October 10, 2019
"It is fundamentally unfair to punish employers for complying with Title VII as written and construed for decades. The Supreme Court should leave whether and how to change our nondiscrimination laws to Congress," writes an attorney who argued before the justices this week.
National Law Journal | Commentary
By Eric R. Nitz | October 8, 2019
At some point, no matter how much time we invest on a matter, our work product will receive a sharp critique. Here's how to keep a clear head and embrace the positive.
National Law Journal | Commentary
By Gregory Nevins | October 7, 2019
There are eight relatively unknown cases that form the basis of the irrefutable analogy, under Title VII, between discrimination against employees in interracial relationships and employees in same-sex relationships.
National Law Journal | Commentary
By Tyler Cooper | October 4, 2019
A high court comprising men and women who serve for a time and of a time, and not for all time like an English monarch, would be a welcome change to our democracy.
National Law Journal | Commentary
By James Burling | October 4, 2019
As the Supreme Court wrote in 1963's "NAACP v. Button," "broadly curtailing group activity leading to litigation may easily become a weapon of oppression, however evenhanded its terms appear."
National Law Journal | Commentary
By Richard Cullen and Stephen Bright | October 3, 2019
Many legal experts believe the U.S. Supreme Court is finally poised to declare that less-than-unanimous verdicts in state trials violate the Constitution.
National Law Journal | Commentary
By David Schultz and Marshall Tanick | October 2, 2019
Though Chief Justice John Roberts' appeal to legal neutrality is laudable, the reality is that judicial decision-making may be closer to what President Trump asserted.
National Law Journal | Commentary
By Donald F. McGahn II and Brett A. Shumate | October 1, 2019
Rigorous enforcement of the Administrative Procedure Act and the increase of nationwide injunctions are among the topics discussed in this second installment of a two-part series.
National Law Journal | Commentary
By Brian Wolfman | September 30, 2019
An important race discrimination case is sleeping on the U.S. Supreme Court's cert docket. The high court should take the case and strike a blow for workplace equality, correcting a longstanding injustice permeating the lower courts.
National Law Journal | Commentary
By Katie Brossy | September 26, 2019
The U.S. Capitol's recent Chief Standing Bear statue installation pays homage to the Ponca tribe heritage.
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