Law
The Woke Mob Comes for a Federal Judge
The National Review | Law & The Courts | July 3, 2020 Until our leaders stand up and speak out against our self-appointed speech police, no one will be safe. Our Founders sought to protect federal judges from the whims of the mob by granting them life tenure, and...
On the anniversary of Title IX, are women’s sports in jeopardy?
The Hill | Op-Ed | June 23, 2020 Tennis legend Martina Navratilova, the winner of 18 Grand Slam singles titles, has noted that, when it comes to competitive athletics, “sex segregation is the only way to achieve equality for girls and women.” That is because, on...
To reopen colleges, block COVID-related lawsuits
The Hill | Opinion | April 28, 2020 The novel coronavirus has forced a generation of college students to put life on hold. And while these students and their parents may have made peace with online learning for the remainder of the semester, many are unprepared to...
The Equal Rights Amendment is expired
CommonWealth Magazine | Opinion | March 17, 2020 Federal lawsuits seek to resolve issue once and for all Forty-eight years ago, the world was a very different place for women. In 1972, sexual harassment was not considered to be a form of illegal discrimination; Title...
DeVos restores fairness to campus sexual misconduct cases
The Boston Globe | Op-Ed | January 2, 2020 A survey suggests that attempts to address sexual assault on campus, although well intentioned, have done so at the expense of fairness, and, in many cases, the truth. Last summer, Yale University settled a lawsuit by...
The real constitutional crisis
The Boston Globe | Op-Ed | November 7, 2019 Many commentators are breathlessly reporting that America is on the brink of a constitutional crisis. They’re right, but not in the sense that they imagine. Political scientists and law professors define a “constitutional...
Ending arbitration might help trial lawyers, but won’t help employees
The Hill | Opinion | September 25, 2019 An unholy alliance between trial lawyers and #MeToo activists is pressuring lawmakers to eliminate an important alternative to costly and time-consuming lawsuits: arbitration. These opponents of arbitration suggest that victims...
After the opioid verdict and fine, few industries are safe
The Boston Globe | Op-Ed | September 1, 2019 In a case that is bound to have ripple effects for years to come, a state court judge in Oklahoma last week held that Johnson & Johnson must pay half a billion dollars to the state government as penance for...
The ignorant trashing of Alex Acosta
The Washington Examiner | Opinion | July 11, 2019 As anyone who has ever watched Law & Order knows, in the criminal justice system, prosecutors enter into plea agreements with defendants for any number of reasons: to spare the victim the pain of testifying, to...
The Extortion of Big Pharma
The National Review | August 24, 2018 President Trump has proposed suing the drug industry over its role in the opioid crisis. Like most such suits, this one would be an opportunistic cash grab. To Donald Trump, it seems, capitalism is less a matter of the market’s...
Attack on Judge Barrett Exposes Hypocrisy of the Left
The Hill | Op-Ed | July 7, 201 by Jennifer C. Braceras and Erin Hawley President Trump has yet to name his choice to replace retiring Supreme Court Justice Anthony M. Kennedy, but already the vultures are circling. Proponents of judicial activism — those who...
Climate Change Litigation Isn’t the Answer
Real Clear Energy | Op-Ed | July 2, 2018 While many legal observers are busy dissecting the recent rulings of the U.S. Supreme Court, those concerned with the misuse of the judicial system for political purposes are celebrating a lower court ruling thousands of miles...
Alexander Praises Efforts to Reform Title IX
Independent Women's Forum | Blog | June 4, 2018 Senator Lamar Alexander (R-TN), who chairs the Senate Committee on Education, last week expressed support for Education Secretary Betsy DeVos’s effort to reform the way that Title IX is enforced. Title IX of the...
How Title IX Became an Ideological Battering Ram
The Boston Globe | Op-Ed | May 28, 2018 Do we really need to litigate every school dress code in federal court? The ACLU and the National Women’s Law Center think so. They argue that rules against inappropriate attire perpetuate “gender stereotypes” in violation...
Holder a Hypocrite on Immigration
Boston Herald | Thursday, July 17, 2014 | Op-Ed Eric Holder practically weeps for the unaccompanied Latin American children who, for the past two years, have streamed across our unprotected southern border. "How we treat those in need, particularly young people...
“Deciding whether democratically enacted statutes pass constitutional muster is what we pay federal judges to do. This uncontroversial concept of ‘judicial review’ is not the same as ‘judicial activism.’ Judicial activism refers to judicial rulings that are inappropriately based on politics rather than law, or rulings that create out of whole cloth new rights not mentioned in the Constitution. By conflating the concepts of ‘judicial review’ and ‘judicial activism’, politicians deliberately confuse the public and undermine the institutional legitimacy of the court for their own political purposes.”
