Class-Action Foes Have Trifecta Before Supreme Court

PJP fellow Daniel Fisher discusses three pending cases that could end class-action litigation. Three cases that may determine the future of class-action litigation are before the Supreme Court. If business advocates get their way on all three, plaintiff lawyers could have a much harder time convincing courts to certify lawsuits on behalf of large groups […]

THE TWENTIETH AMENDMENT WAS SUPPOSED TO DO AWAY WITH THE “LAME DUCK” CONGRESS: SO WHY HAVE WE SPENT THE LAST DAYS OF 2010 WATCHING ONE?

“A very undesirable legislative condition.” That is how the Senate Committee on the Judiciary, gathering in 1932, referred to the period after a bi-annual election and before the swearing in of the new Congress. The committee was describing reasons why the nation should adopt what turned out to be the twentieth amendment to the Constitution. […]

Publish and Perish? The Legal Times Article at the Heart of a Confirmation Battle

Ever since Robert Bork’s nomination to the Supreme Court was defeated in 1987, there has been considerable worry over how a judicial nominee’s written “track record” can work against them. The more someone writes, the more chances there are that what they write will offend a critical constituency (as it did with Bork) and lead […]