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Modern Plea Bargaining System Criticized for Undermining Jury Trials

Modern Plea Bargaining System Criticized for Undermining Jury Trials

Matthew Martens, Partner and Co-Chair of the Securities Litigation and Enforcement Practice Group, has authored an op-ed discussing the impact of modern plea bargaining on the constitutional right to a jury trial. He argues that the reliance on plea bargains has largely replaced the public trial process, which was a cornerstone of liberty emphasized by the Founders. Martens highlights recent comments from Supreme Court justices, including Justice Neil Gorsuch, who have expressed concerns about the coercive nature of plea bargains and their effect on the justice system.

DOJ Investigates Medical Schools for Alleged Race-Based Admissions Practices

DOJ Investigates Medical Schools for Alleged Race-Based Admissions Practices

The Department of Justice (DOJ) has initiated investigations into the admissions practices of 26 medical schools, alleging violations of the Supreme Court's ban on race-based admissions. The investigations focus on disparities in Medical College Admission Test (MCAT) scores among different racial groups. The DOJ has released findings from investigations into four schools, including Yale University and three University of California campuses, highlighting disparities in median MCAT scores for Black and Hispanic applicants compared to white and Asian applicants. The investigations aim to determine if race-based preferences influenced admissions decisions.

President Trump Appeals to Supreme Court to Overturn $83M Carroll Judgment Citing Presidential Immunity

President Trump Appeals to Supreme Court to Overturn $83M Carroll Judgment Citing Presidential Immunity

President Donald Trump has petitioned the U.S. Supreme Court to overturn an $83 million judgment awarded to writer E. Jean Carroll. The judgment was based on a jury's finding that Trump defamed Carroll when he denied her sexual assault allegations. Trump argues that his statements were made in his official capacity as president, invoking a 2024 Supreme Court decision that grants presidential immunity for official acts. The Second Circuit Court previously rejected Trump's immunity claim, noting it was not raised in a timely manner. Trump's petition also requests that the U.S. government be substituted as the defendant in the case.

Palestinian authorities ask Supreme Court to halt $656M judgment pending appeal

Palestinian authorities ask Supreme Court to halt $656M judgment pending appeal

Palestinian authorities have asked the Supreme Court to halt a $656 million judgment in favor of Americans killed or wounded by attacks in Israel

Supreme Court to Decide on Benchmark Requirement in ERISA Retirement Plan Case

Supreme Court to Decide on Benchmark Requirement in ERISA Retirement Plan Case

The Supreme Court is set to hear a case involving the Employee Retirement Income Security Act (ERISA) that could have significant implications for retirement plan litigation. The case, Anderson v. Intel Corporation Investment Policy Committee, questions whether plaintiffs must identify a 'meaningful benchmark' when alleging that fiduciaries imprudently selected underperforming investments. The 9th Circuit Court ruled that a sound basis for comparison is necessary, aligning with several other circuits. However, the 6th Circuit disagrees, creating a split that the Supreme Court will address. The outcome could affect how retirement plan lawsuits are evaluated and the standards fiduciaries must meet.

Palestinian groups ask Supreme Court to pause order to pay U.S. Intifada victims

Palestinian groups ask Supreme Court to pause order to pay U.S. Intifada victims

The Palestinian Authority and the Palestine Liberation Organization are asking the Supreme Court to pause payment to American victims of Second Intifada attacks in Israel.

President Trump Appeals to Supreme Court to Overturn E. Jean Carroll Defamation Award

President Trump Appeals to Supreme Court to Overturn E. Jean Carroll Defamation Award

President Donald Trump has appealed to the Supreme Court to overturn an $83.3 million jury award to E. Jean Carroll, arguing presidential immunity. Carroll sued Trump for defamation after he denied her allegations of sexual abuse during his presidency. Trump's lawyers contend that the Westfall Act should apply, allowing the U.S. government to replace him as the defendant, which would nullify the case. The appeal follows a previous Supreme Court decision that presidents have immunity for official acts, and Trump's legal team argues that the defamation claim falls under this protection.

The 1996 Law That Continues to Shape Online Platforms

The 1996 Law That Continues to Shape Online Platforms

The Communications Decency Act (CDA) of 1996 marked a significant legislative effort by the United States Congress to regulate obscene and indecent...

Supreme Court to Decide on Trump’s Executive Order Affecting Mail Ballots

Supreme Court to Decide on Trump’s Executive Order Affecting Mail Ballots

A group of Republican-led states, along with the Department of Justice, has appealed to the U.S. Supreme Court to allow President Trump's executive order on mail voting to proceed. The order, issued in March 2026, directs the U.S. Postal Service (USPS) to only deliver mail ballots to voters on state-provided lists of eligible citizens. This move has been challenged by 23 Democratic states, leading to a legal battle. The 1st Circuit Court of Appeals recently upheld a lower court's decision to block the order, citing potential harm to states. Justice Ketanji Brown Jackson has asked the challenging states to respond by August 3. The order also involves the Department of Homeland Security and the Social Security Administration in compiling citizenship lists for states.

Oil Companies Face Lawsuits Over Heat Deaths Amid Climate Change Accountability Efforts

Oil Companies Face Lawsuits Over Heat Deaths Amid Climate Change Accountability Efforts

Oil companies, including Exxon Mobil, BP, Chevron, and Shell, are facing lawsuits for their alleged role in contributing to climate change and extreme heat events. A notable case in Washington state involves a lawsuit filed by Misti Leon, whose mother died from overheating during a record heatwave. The lawsuit claims that the oil companies knew about the harmful effects of fossil fuel emissions but misled the public. This case is part of a broader trend, with nearly 40 similar lawsuits pending across the U.S. The oil industry is fighting back by lobbying for immunity laws to shield them from such lawsuits.

Supreme Court's Summer Recess Criticized for Delaying Justice

Supreme Court's Summer Recess Criticized for Delaying Justice

The United States Supreme Court's traditional summer recess, which halts public meetings and decisions on merits cases from July to September, is under scrutiny. This practice, established by the early 20th century, results in a backlog of cert petitions that are only considered at the 'long conference' in late September. Critics argue that this break is an anomaly compared to inferior federal courts, which operate year-round. The suggestion is that the Supreme Court should adopt a more continuous schedule to prevent delays in justice and improve the quality of opinions by avoiding rushed decisions before the summer break.

Kansas Supreme Court Nominating Commission's Role in Judicial Selection

Kansas Supreme Court Nominating Commission's Role in Judicial Selection

A former member of the Kansas Supreme Court Nominating Commission reflects on their experience, emphasizing the commission's design to ensure impartiality and integrity in judicial selections. The commission, composed of both attorney and non-attorney members, evaluates candidates based on experience, integrity, and legal ability, without political influence. The process involves staggered terms and shared responsibilities between the commission, the governor, and voters, ensuring a balanced approach to selecting justices. This reflection comes as Kansas voters prepare to decide on potential changes to the judicial selection process.