Law & Jurisprudence

Irvine Fellow
As a California-based Fellow at the New America Foundation, T.A. Frank writes about law, criminal justice, and labor. With a robust technology sector, busy ports, and a changing economy, California is faced with new sorts of crime, such as terrorism, cybercrime, and financial fraud. Mr. Frank will explore issues such… more

Lesson for the day: Don't take political advice from liberal law professors.

That might seem like obvious advice, especially for those seeking office in "red states," but Senate Democrats seem not to have gotten the message. Now they are paying a huge price, as Samuel Alito moves toward confirmation -- and Democrats move toward marginalization. How all this happened was revealed in a recent New York Times article headlined, "Glum Democrats Can't See Halting Bush on Courts / Concede Strategy… more

"Judge Alito Must Not Be Confirmed." That's the headline atop the web site of People for the American Way.

"Oppose Alito," proclaims Americans United for the Separation of Church and State. And The New York Times editorial page worries, "Judge Alito's record appears extreme."

Yes, you read that right: The Times, the bastion of Manhattan ideology, which never met a social-engineering program it didn't like, is now delivering lectures to Americans on what should be considered centrist.

But a strange… more

The U.S. Senate will soon begin confirmation hearings for Supreme Court nominee John Roberts. With partisan groups on both sides gearing up for a fight, the process promises to be as contentious as past confirmations.

One can't help but wonder if we couldn't avoid much of the partisan mud wrestling about Supreme Court nominees if there were term limits on the high court. Perhaps more than any single factor, the "until death do we part" constitutional requirement has been responsible for bruising… more

Should U.S. Supreme Court justices serve life terms? This is a question that is raised whenever there is a vacancy on the Court. At 50 years of age, Judge John Roberts, President Bush's Supreme Court nominee, could serve for decades.

Perhaps more than any single factor, this "until death do we part" constitutional requirement has been responsible for bruising confirmation battles. On the partisan chessboard, nailing down one of nine Supreme Court spots is a major victory.

Lining up to hear a Supreme Court Justice speak is more like lining up for a rock concert than you might think. This is especially true if the speech is on a college campus and the speaker in question is Justice Antonin Scalia. Ruth Bader Ginsburg is a favorite on the feminist lecture circuit; Clarence Thomas has vivid stories of growing up as a "nappy-headed little boy running barefoot" around Pinpoint, Georgia; Sandra Day O'Connor is the preferred Justice at… more

Tort reformers complain about "frivolous" lawsuits. But at a time when government has stopped protecting citizens, trial lawyers have become the regulators of last resort.

On July 5, John Edwards slipped into a high-rise at One Boston Place to greet some of his and John Kerry's top contributors among plaintiffs' attorneys. At the offices of Robinson & Cole, Edwards shook hands with Alex MacDonald, a partner there who had helped raise $600,000 for the campaign. Much of the crowd… more

Alan Cropsey should be a trial lawyer's worst nightmare. A former schoolteacher and current state senator in Michigan, Cropsey is a devout evangelical Christian and conservative Republican who doesn't drink, doesn't smoke, and doesn't lose elections. In his 25-year career, he's done two separate stints in both chambers of the state legislature, hung out his shingle in private practice, and was Michigan field director for the Republican Majority Issues Committee, a PAC affiliated with Rep. Tom DeLay (R-Texas). "I'm driven,"… more

Every PC user is familiar with the notorious "blue screen of death," the azure void that appears when Windows crashes. And even amateur geeks recognize the ubiquitous "Fatal Error!" … more