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 […]
Policy Analysis
Journalists And The Duty of Attribution
July 19, 2026 | Propaganda and Persuasion
Honesty requires identifying the source of original investigative reporting. The law imposes no duty to acknowledge the investigative journalist who uncovers facts important to public discourse. The issue is attribution. Investigative journalism often requires months or years of examining public records, locating witnesses, verifying documents, separating fact from rumor, organizing evidence, and recognizing relationships that […]
Challenge the Conflict. Protect the United States.
July 17, 2026 | Litigation
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
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, Policy Analysis
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 | Judges and Courts
Contents When the Constitution Speaks Clearly The Opinions Different Approaches to the Citizenship Clause The Limits of Judicial Restraint The Constitutional Responsibility of the Supreme Court The Consequences of Constitutional Decisions The Limits of Constitutional Interpretation The Enduring Authority of the Constitution When the Constitution Speaks Clearly The language of the Fourteenth Amendment is plain, […]
The Next Pandemic Is Not a Matter of If
June 20, 2026 | Public Health
There will be another pandemic, similar to or even worse than COVID. The only question is when it will break out. Throughout the world there are numerous viral diseases capable of becoming global pandemics. Some are more contagious than COVID. Some are more lethal. Some possess characteristics that could make the disruption caused by COVID […]