Briefing Room

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Deborah Merritt

Raising the bar: Law schools may face tougher sanctions if too many graduates fail bar exam

“If you are offering people a program that is designed to lead to admission to the bar, then there should be a reasonable expectation of achieving the goal,” Merritt said. 

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Peter Shane

The Shutdown and a Conscientious Legislator’s Guide to Checks and Balances

“Whatever one’s views on immigration policy or border security, the refusal of Republican legislators to join Democrats in re-opening the government before negotiating with President Trump is intensifying a genuine constitutional crisis,” Shane writes. 

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Douglas Berman

Medical marijuana goes on sale in Ohio, as some hope it may ease state’s opioid epidemic.

“The simple answer is yes, I think it will help,” Berman said.

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Peter Shane

The Historic Role of an Attorney General and the Issue of Executive Power

As the Senate Judiciary Committee begins the confirmation hearing for William Barr, Professor Peter Shane discusses the role of an attorney general and their relationship to executive power.

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Ric Simmons

FBI’s Electronic Device Searches Questioned in Child Porn Case

“I feel like the government is probably being reactive,” Simmons said.

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Douglas Berman

Fair Sentencing? Disparities Linger, But Leniency Plays A Part

“That doesn’t mean we ought not be more consistent,” Berman said. “But as we worry about disparity, I think it’s especially important to remember that that disparity has generally been driven by judges aspiring to be more lenient than what are indisputably overly severe guidelines.”

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Paul Rose

Report: Political investing decisions hurt public finances, lead to tax hikes

“There’s sometimes a knee-jerk reaction where you think any kind of divestment for, say, fossil fuels, is just about politics,” Rose said. “In reality, it might be because they are looking long-term and see things are changing and they don’t want to be holding on to those assets.”

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Peter Shane

Trump Says He Alone Can Do It. His Attorney General Nominee Usually Agrees.

“The interpretive approach of Justice Department lawyers to the Constitution is very important because many separation-of-powers issues never wind up in court,” Shane said. “Barr’s method is not uniquely his, but it does represent a particularly aggressive school of executive power thought.”

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Edward Foley

An Idea for Electoral College Reform That Both Parties Might Actually Like

“Simply put, the way we currently elect presidents would horrify the early American authors of the U.S. electoral system, as defined in the 12th Amendment,” Foley writes. 

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Douglas Berman

Federal judges are giving out shorter sentences in 30 cities since a key Supreme Court case

“If we think that disparity is a problem that needs to be remedied, we need to get the guidelines set in a way that garners more respect and makes judges more inclined to follow them,” Berman said.

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Daniel Tokaji

US voters tackle gerrymandering with gusto. Incumbents are less sure.

“When you’ve got a political system in which there’s virtually no bipartisan compromise, partisan gerrymandering really means that people who are affiliated with the minority party have zero power,” Tokaji said.

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Kimberly Jordan

Justice for young human trafficking victims

“By representing kids who have been victimized, we’re giving them a voice they haven’t had before,” Jordan said. “They know they have somebody on their side fighting for them and arguing for what they want to happen in their lives, to try to move forward into adulthood.”

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