Analysis and Commentary on Law Practice

Locating the Problem of Race-Based Peremptory Challenges in a Broader Context: The Possibilities Raised by the Foster Case on the Court’s Docket


University of Illinois law professor and dean Vikram David Amar describes the problem of race-based peremptory challenges and argues that peremptory challenges be eliminated altogether on the grounds that we should not allow a person to be denied the right to serve on a jury for any reason that would not also suffice as a reason to deny that person the right to vote in an election.

The Celgard Decision and Lawyer Disqualification


Chapman University law professor Ronald Rotunda discusses a recent decision by the U.S. Court of Appeals for the Federal Circuit with respect to the disqualification of a lawyer from representing a client due to a conflict of interest. Rotunda cautions that the decision, if read broadly, could signal major risks for patent firms, but he argues that the decision need not be read so broadly.

Disciplining Lawyers Who Engage in Moral Turpitude


Chapman University law professor Ronald Rotunda describes the apparent confusion in many jurisdictions over the phrase “moral turpitude” with respect to whether and when attorneys are subject to discipline. Rotunda points out that while many states have adopted the model rules (which, in their current form reject the prohibition against “illegal conduct involving moral turpitude”), these states’ courts still rely on the vague standard when applying the rules.

The Mystery of Case Assignment in the Ninth Circuit


Chapman University law professor Ronald Rotunda comments on the purportedly random assignment of judges to cases in federal courts. Rotunda points out that particularly in the Ninth Circuit, which has been singled out as having highly unlikely results of “random” assignment, the process of case assignment is unnecessarily opaque; Rotunda argues for greater transparency to ensure fairness and justice.

Lower Bar Pass Rates in Some States Should Cause Us to Examine This Year’s Test, and the Bar Exam in General


U.C. Davis law professor Vikram David Amar comments on the lower bar pass rate for the July 2014 exam as compared to prior years. Amar discusses the response by the exam’s creators and how educators, practitioners, and others can use the incident to explore broader questions regarding the licensure requirements for the practice of law.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law on the Urbana-Champaign campus. Immediately prior to taking the position at Illinois i... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the Judiciar... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional law... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Dale E. Fowler School of Law. Before that, he was University Profe... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University, whose... more