Everybody knows that the Coronavirus pandemic is an economic catastrophe. Small businesses are already failing and people are losing their jobs. The government can and should do everything possible to mitigate their suffering. But in at least one economic sector, there is another option. The arts sector is struggling for the same reason many other [...]

“Is it an end that draws near or a beginning?” – Karl Jaspers, Man in the Modern Age (1951) There are times when a grievous threat can menace friends and enemies alike. Still, in these conspicuously “bad times,” such a potent threat can also bring adversaries to once-unimagined levels of cooperation. The current and ongoing [...]

In the wake of the coronavirus pandemic, law schools face an existential crisis. After shuttering their buildings and moving their classes online, they must ask whether they can and should assign grades for the spring 2020 semester. Many have already decided to go pass/fail. And many more are sure to follow. But I don’t believe [...]

The state-legal cannabis industry has been slowly crawling into existence over the past decade. Despite federal illegality, most states have legalized medical cannabis and about a dozen states have legalized adult-use cannabis. For compliant cannabis businesses, becoming operational is no easy endeavor and may lead to myopic compliance that fails to consider essential business practices, [...]

What did the American public understand the word “sex” to mean in 1964? That’s the foundational question before the Supreme Court in Harris Funeral Homes v. EEOC. This case originated when Harris Funeral Homes hired a male funeral director who agreed to follow the company’s sex-specific dress policy. Nearly six years later, the director informed [...]

In the wake of the conviction and sentencing of Roger Stone, for obstructing the congressional inquiry into Russian efforts to influence the 2016 election, South Carolina Senator Lindsey Graham suggested that President Donald Trump “has all the legal authority in the world to review this case, in terms of commuting the sentence or pardoning Mr. [...]

The enactment of the National Defense Authorization Act for Fiscal Year 2020 (NDAA) was undoubtedly a historic moment – one ceasing perpetuation of the nearly 70 years of disparate treatment to which certain military personnel suffering the harms of medical malpractice incident to their service had previously been subjected as the result of an archaic, [...]

The US Supreme Court has struggled for decades with how colleges and universities may use racial and ethnic preferences in admissions. At present, the law is this: (1) an institution of higher education may consider the race and ethnicity of applicants as a factor in admissions decisions for purposes of “diversity,” provided that it is [...]

I have been following the course of COVID-19, more colloquially known as Coronavirus, for a few months now and I really do not understand the wide mix of responses from the American legal community. Is our response due to a lack of leadership at the top? Or the wrong leadership perhaps? Is our response due [...]

As a permanent member of the UN Security Council and the most militarily powerful nation in the world, the US has largely been able to evade international justice, even when engaging in conduct for which other nations have been held accountable. To date, the vast majority of international criminal courts and tribunals have instead prosecuted [...]