Jack Balkin, Yale Law School:"In Hernandez v. Robles a New York State trial court judge held that the New York State constitution prohibited restricting marriage to opposite sex couples.The court held that prohibition on same sex couples violated the Due...

Julian Ku, Hofstra University School of Law:"This Reuters story suggests that a district court judge has held the Guantanamo Bay military tribunals unconstitutional. As usual, Reuters (and other news agencies) are overstating the scope of the decision. Rather, it is...

Douglas Berman :"The legal wrangling over the pending execution of serial killer (and death penalty "volunteer" Michael Ross is continuing in Connecticut. Howard Bashman at How Appealing has a lot of the newspaper coverage...

Vincent Rougeau :"The 60th anniversary of the liberation of Auschwitz and the recent controversies surrounding the confirmation of Alberto Gonzales made me think once again of Hannah Arendt's powerful words.  The Associated Press reported yesterday that Muslim...

Julian Ku, Hofstra University School of Law:"Strangely enough, the war on terrorism is providing a slight boost for plaintiffs lawyers specializing in tort suits alleging violations of international law. This week, the UK released four men who had previously been...

Peter Henning, Wayne State University Law School:"Discussed in the Wed. Jan.26th post is the prosecution opening in the case of Tyco executives Dennis Kozlowski and Mark Swartz. Yesterday, the defense responded and it sounds like mens rea, and whether the...

Douglas Berman :"With the exception of a powerful opinion column in the Atlanta Journal-Constitution (discussed here), I have not seen much examination of racial disparities in all the debate over possible responses to Blakely...

Ellen S. Podgor, Georgia State University College of Law:"According to the Wall Street Journal, the first two witnesses testified in the trial of Bernie Ebbers, former CEO of WorldCom Inc. These two witnesses provided background information, something that is necessary...

Peter Henning, Wayne State University Law School:"With the opening statements in the trials of Bernie Ebbers and Richard Scrushy out of the way -- on the same day no less -- the question arises whether either one will testify in...

Michael Froomkin, University of Miami School of Law:"I am very reluctantly coming to believe that there's about a 50% chance that a senior administration official will face a war crime trial either for ordering or condoning torture, or for the...