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Commentary

Mar 13, 2017

Commentary: Constantly surfing the web at work? Surprise! You’re fired!

This should probably go without saying, but spending one’s entire workday on the internet can lead to termination. Shocking, no? But this news apparently came as a surprise to a […]

Mar 13, 2017

Commentary: Sessions doesn’t want to investigate police, but we need to

Michael Brown’s death on the streets of Ferguson, Missouri, on Aug. 9, 2014, changed the national conversation about policing and race. Police abuse became daily front-page news; the Black Lives […]

Mar 10, 2017

Commentary: No principled reason to vote against Gorsuch

As a longtime supporter of Democratic candidates and progressive causes, I understand the anger at the Republicans’ mistreatment of Judge Merrick Garland after he was nominated to the Supreme Court […]

Mar 7, 2017

Commentary: Can felon disenfranchisement laws be challenged?

Last November, 6.1 million adults did not vote, not because of a lack of interest, but because they were disqualified due to a felony conviction. Some 75% of the adults […]

Mar 7, 2017

Commentary: Excessive executive pay for plain dumb luck

CEO pay is rigged. If that sounds more like a late-night presidential tweet than a fact, let’s consider the evidence. The compensation packages of the chief executive officers of America […]

Mar 6, 2017

On Mediation: Using your client’s authenticity in mediation

It’s relatively easy to recall your trial victories when the jury identified with your client. They’re probably some of your best results. How did that happen? On a superficial level, […]

Mar 1, 2017

Commentary: Don’t let a bad process derail your investments

Something I try to stress in these columns is the importance of a valid process. Sure, I have a fondness for behavioral economics, but that’s because I know how cognitive […]

Feb 28, 2017

Commentary: Financial markets love Trump — do they know something the rest of us don’t?

Two very different dynamics are afoot: 1) The stock market’s on a tear, up 11 percent since the election (12 percent including dividend payouts, compared with about 0 over the […]

Feb 27, 2017

Commentary: Is teaching CLEs worth the time?

I’m teaching a lot of CLEs these days. Like one-or-two-a-month a lot. Topic-wise, my CLE portfolio is diverse. I’ve taught courses on arbitration, federal practice, legal writing, and implicit bias, […]

Feb 27, 2017

Commentary: In selecting jurors, smart can be overrated

Jury selection is about identifying biases, and whenever we think about biases, we need to look at our own biases first. The desire to have a smart jury is especially […]

Feb 23, 2017

Commentary: If abortion rights fall, LGBT rights are next

We represent the organizations that won leading Supreme Court cases in recent years on sexual and reproductive rights: Obergefell v. Hodges in 2015, which secured legal protections for the marriage […]

Feb 22, 2017

Commentary: Why it’s been 31 years since the last tax reform

President Donald Trump has promised the most comprehensive overhaul of the tax system since 1986. That was when a Republican president joined forces with a Democratic House of Representatives and […]

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