When the Constitution Speaks Clearly The language of the Fourteenth Amendment is plain, precise, and unequivocal when it states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” In Trump v. Barbara, 609 U.S. ___ (2026), the Supreme Court held that the constitutional […]
Law and the Courts
The Environment Needs Trial Lawyers
October 11, 2026 | The Legal Profession
The environment needs trial lawyers who know how to fight for justice in a courtroom. The courtroom is where fundamental human rights must be defended against those who threaten them, and the right to a salubrious environment is a fundamental human right. The trial lawyer must identify the wrong, prove the injury, and demand an […]
Robes for All
September 26, 2026 | The Legal Profession
American judges have been complaining about what lawyers, particularly women, wear in court for decades. Enough already! There is a simple solution. Have the attorneys wear black robes in the courtroom. In 2013, Justice Sandra Day O’Connor wrote that the robe symbolizes that judges are engaged in upholding the Constitution and the rule of law […]
Challenge the Conflict. Protect the United States.
July 17, 2026 | Litigation Generally
The federal courts must determine whether the United States is being represented by conflict-free counsel. Every United States Attorney in the Department of Justice takes an oath to faithfully perform their duties as well as the standard federal oath of office (5 U.S.C. §3331) to “support and defend the Constitution of the United States against […]
Who Will Defend the American Taxpayer?
July 16, 2026 | Litigation Generally
Every claim against the United States Treasury deserves an independent conflict-free defense. The American adversary system of justice depends upon one fundamental principle. For the adversary system to function, every party to a lawsuit must be represented by an advocate whose undivided loyalty is owed to that party alone. When the United States is sued […]
Before There Can Be a Product Liability Case, There Must Be Causation
July 7, 2026 | Litigation Generally
Without proof of what caused the disease, there is no product liability case. The Supreme Court’s decision in Monsanto Co. v. Durnell (2026 U.S. LEXIS 2721, 2026 LX 336645) has focused national attention on warning labels, federal regulation, and preemption. Those are important legal issues, but in product liability litigation involving slow-starting, late-onset diseases such […]
Birthright Citizenship and the Limits of Constitutional Interpretation
July 3, 2026 | Constitutional Law
When the Constitution Speaks Clearly The language of the Fourteenth Amendment is plain, precise, and unequivocal when it states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” In Trump v. Barbara, 609 U.S. ___ (2026), the Supreme Court held that the constitutional […]