Professor Sebok's Op-Ed in the NY Law Journal: New Ethics Opinion on Litigation Funding Gets It Wrong

For the reasons we will set out in this article, Opinion 2018-5 incorrectly interprets New York Rule of Professional Conduct (RPC) 5.4 dealing with lawyer independence, specifically determines to be unethical activities far less intrusive on lawyer independence than many lending practices that have been accepted and used by almost every law firm for decades, and drives a wedge between settled New York case law and—if the committee’s interpretation of RPC 5.4 were correct—the ethics rules.

Professor Seligman in PrawfsBlawg on Constitutional Politics, Court Packing, and Judicial Appointments Reform

In the aftermath of Justice Kennedy’s retirement announcement, several legal scholars have suggested that Democrats should add seats to the Supreme Court when they retake the Presidency and Congress.

Professor Zelinsky's Op-Ed in Law360: Interpreting Complex Statutes - When to Go Beyond the Text

In such an environment, it is easy to overlook Wisconsin Central Ltd. v. United States.[4] While the short-term stakes in Wisconsin Central are not as high as the stakes of these other cases, the long-term implications of Wisconsin Central will prove equally significant.

Professor Deborah Pearlstein in Slate: How Trump's DOJ is Justifying Reversing Itself on the Legality of Indefinite Family Detention

The principal restriction they have in mind is a judicial decree in the long-standing Flores case, enforcing a settlement that requires the government to “release a minor from its custody without unnecessary delay” except where detention of the minor is required “either to secure his or her timely appearance before the INS or the immigration court, or to ensure the minor’s safety or that of others.”

Professor Pearlstein in Just Security on the Family Separation Crisis and the Courts

"Among other things, the Trump administration has asked another federal court to amend a longstanding court-approved settlement agreement (known as the Flores Agreement) in order to allow the government to confine parents and children together in immigration detention not just for the 20 days current law permits, but indefinitely."

Professor Shaw Writes Review on Book "To End A Presidency"

Impeachment and Presidential Rhetoric

By Kate Shaw

June 14, 2018 Take Care - There’s much to say about To End a Presidency, Laurence Tribe and Joshua Matz’s careful, nuanced, and engaging new study of impeachment. The book manages, in a relatively short text, to cover the history, mechanics, promise, and perils of impeachment, without glossing over the significant complexities presented by this awesome constitutional power.

Professor Pearlstein in Balkinization: One More Thing About That New OLC Opinion on Syria

Although it’s hard not to let the news cycle completely overtake Friday’s release of the opinion of the Office of Legal Counsel on the constitutionality of the April airstrikes on Syria, the upcoming summit on North Korea, and the Administration’s apparent radical rethinking of Iran’s future post-JCPOA, makes it important not to let it go just yet.