Legal Theory

SCOTUS agrees to hear Trump’s presidential immunity claim

The Supreme Court will review Donald Trump’s unprecedented claim that he is shielded from prosecution for actions taken while in office, further delaying the former president’s federal trial in the nation’s capital on charges of conspiring to overturn his 2020 election loss to remain in power.

Feb 28, 2024 4:55 PM CST

Is SCOTUS making it harder to teach constitutional law? Profs ‘depleted’ and taken aback by ‘velocity’ of change

The U.S. Supreme Court’s “hard-right supermajority” is using the doctrine of originalism to overturn established precedent, making it difficult for constitutional law professors grappling with rapid change that they think is unprincipled, according to an article in the New York Times.

Feb 27, 2024 3:10 PM CST

New legal group aims to ‘bring sanity back to conservative lawyering,’ oppose Trump’s ‘legal excesses’

An op-ed in the New York Times by three conservative lawyers takes issue with the conservative Federalist Society for "conspicuously" staying silent amid the “constitutional and other legal excesses” of former President Donald Trump, including his attempt to overturn the 2020 presidential election.

Nov 28, 2023 9:04 AM CST

What ‘Wolf Hall’ taught me about practicing law

Every practicing attorney is familiar with the prelaw literary canon—that list of books every law student should read. A Civil Action, To Kill a Mockingbird, The Buffalo Creek Disaster. These books are meant to inspire a love of justice, hard work and a desire to fight for society’s underdogs.

Nov 20, 2023 8:44 AM CST

New book explores how qualified immunity protects police in brutality and wrongful death cases

High-profile cases like the killings of George Floyd and Breonna Taylor by police have led to further growth of the Black Lives Matter movement, calls for defunding the police, police reform and greater police accountability. In her new book, Shielded: How the Police Became Untouchable, Joanna Schwartz, a professor at the UCLA School of Law and an expert in qualified immunity, tells the stories of people who have been wrongly harmed or killed by police.

Oct 1, 2023 2:20 AM CDT

So you were convicted of killing someone who’s still alive—now what?

Many installments of this column have focused on true-crime documentaries examining murder convictions and the legal process and “evidence” that led to them. While those series or stand-alone shows are undoubtedly intriguing, we always seem to be left with the same conclusion: Even if the defendant didn’t kill the person, the person is still dead. But what if we were presented with a situation in which someone was convicted for the murder of a person who was subsequently found alive and well?

Sep 6, 2023 9:42 AM CDT

Legal Interpretation: A quiz based on recent cases

It’s fascinating to monitor how American courts interpret legal instruments. Do they go by the words, or do they let other considerations influence their decisions? That is to say, are they textualists or nontextualists? Regardless of how you see the merits of that issue, you might try your hand at these problems that American courts have decided since 2017.

Aug 1, 2023 2:10 AM CDT

Didn’t get it in writing? There may still be a way, says author of ‘Litigating Constructive Trusts’

“If you don’t have it in writing, you’re out of luck.” That’s the common wisdom you’ll hear. But while getting an agreement in writing is a best practice, in some cases you might have more options than you think to enforce a unwritten agreement.

Jul 12, 2023 9:00 AM CDT

Seattle settles case involving ‘rights of nature,’ a theory gaining steam in other countries

Last month, the city of Seattle settled a “rights of nature” case pending in the Sauk-Suiattle Tribal Court of Appeals that was filed on behalf of salmon harmed by dams on the Skagit River.

May 16, 2023 9:33 AM CDT

Biden administration officials debate constitutional challenge to debt limit

Officials in the Biden administration are debating a challenge to the debt limit that is based on the 14th Amendment’s public debt clause.

May 4, 2023 8:38 AM CDT

Rehnquist dropped push for ‘independent state legislature’ theory in Bush v. Gore, Stevens’ papers show

Newly released private papers of then-Justice John Paul Stevens provide insight into U.S. Supreme Court deliberations and concerns before its decisions that decided a presidential election and affirmed the right to abortion.

May 3, 2023 12:42 PM CDT

What legal theory is Disney using to sue Florida Gov. Ron DeSantis?

Disney’s federal lawsuit against Republican Florida Gov. Ron DeSantis alleges that he violated several constitutional protections by retaliating against the company for its political speech.

Apr 27, 2023 11:20 AM CDT

Taking Sides: Courts are grappling with how to handle claims of parental alienation

Parental alienation happens when one parent engages in behaviors that cause a child to reject the other parent for no legitimate reason. It can become the subject of fierce debate in high-conflict divorce cases when one parent claims the other parent intentionally turned a child against him or her.

Apr 1, 2023 4:00 AM CDT

Experts see these problems with felony-records case against Trump over hush-money payments

The prosecution of former President Donald Trump could pose even more problems than that of former U.S. Sen. John Edwards of North Carolina, a former Democratic presidential candidate. Experts saw these potential problems with the prosecution.

Mar 31, 2023 11:24 AM CDT

‘Complicit bias’ and ‘lawfare’ among top new legal terms in 2022

“Complicit bias” tops a list of new legal terms and expressions in 2022 compiled by law professors and academics who are on a committee for Burton’s Legal Thesaurus.

Dec 14, 2022 12:44 PM CST