Browse Research and Commentary

An Examination of the Judicial Conduct and Disability System

April 25, 2013, Russell Wheeler

What's Behind all Those Judicial Vacancies Without Nominees?

April 18, 2013, Russell Wheeler

Filling Judicial Vacancies In Obama's Second Term—Some Prospects

January 28, 2013, Russell Wheeler

Can Copyrighted Works Purchased Abroad Be Resold In the United States?

October 21, 2012, John Villasenor

Whether you agree with it or not, the Supreme Court has become almost as much a political institution as it is a legal one...For one, the cases that come before the Court are very often politically charged. Furthermore, you have nine justices that are there for life and can, for all intents and purposes, act with impunity

October 1, 2012, Russell Wheeler, Erickson Tribune

Preview of New Supreme Court Term

September 28, 2012, Russell Wheeler

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Will Drones Outflank the Fourth Amendment?

September 20, 2012, John Villasenor

Obama’s Judicial Confirmations at the Election Year Summer Recess, and Prospects for the Fall

August 2, 2012, Russell Wheeler

Actual repeal of health care reform on “day one” of a Romney administration is not possible, but a President Romney—assisted by a Republican House and Senate—could put into motion the steps necessary to pursue repeal over the course of 2013. Technically, Romney’s success would depend on whether or not Republicans gain control of both the House and Senate, and on the byzantine rules of the budget process in Congress.

July 2, 2012, Sarah A. Binder, Washington Post

…[D]on't be too surprised if [Chief Justice] Roberts [in his] next terms looks like a conservative again. He actually did not stray very far from where the other four conservatives ended up in this [ACA] case — just over a consequential line.

July 1, 2012, Benjamin Wittes, Bloomberg Businessweek

The Supreme Court decision [on the Arizona immigration law] puts the onus back on Congress, but it doesn't dissolve the political and ideological differences that were keeping Republicans and Democrats from coming to a melding of the minds on immigration in the first place.

June 25, 2012, Sarah A. Binder, U.S. News & World Report

It's hard to know what explains the dearth of Obama nominees compared to recent predecessors, but I have to think that increased threats by home-state senators to withhold blue slips is part of the answer.

June 18, 2012, Russell Wheeler, National Law Journal

‘Tis the Season for the Thurmond Rule

June 14, 2012, Sarah A. Binder

The Strangely Tilted Playing Field of Music Copyright Royalties

May 25, 2012, John Villasenor

Patent Reform: Five Things Technology Companies Need to Know

May 14, 2012, John Villasenor

Reaction to President Obama's Same-Sex Marriage Endorsement

May 9, 2012, Jonathan Rauch

The Real Immigration Debate Isn't About the Law

April 27, 2012, Audrey Singer and Jill Wilson

Five Ways Companies Can Leverage Rights Under the America Invents Act

April 25, 2012, John Villasenor

How to Protect Your Company from Invention Theft

April 9, 2012, John Villasenor

Don’t Campaign Against the Supreme Court, Mr. President

April 5, 2012, William A. Galston

Why the Supreme Court Justices Won’t Be Crudely Political When They Rule on Obamacare

March 29, 2012, William A. Galston

Why Companies Should File For Patents Now

March 22, 2012, John Villasenor

Judicial Confirmations: What Thurmond Rule?

March 19, 2012, Russell Wheeler

Trial Court Judges and Math, Senate Style

March 13, 2012, Sarah A. Binder

Untangling the Real Meaning of "First-to-File" Patents

March 8, 2012, John Villasenor