This is a blog with opinions.
Edited by Mark M. Leitner

Read and debate.

The First Amendment Couldn’t Care Less About Political Affiliation

The First Amendment Couldn’t Care Less About Political Affiliation

Judge Jill Karofsky, a circuit court judge in an election race for a seat on the Wisconsin Supreme Court, filed a lawsuit claiming that several television ads attacking her record as a district attorney and a judge were defamatory and violated a Wisconsin criminal statute prohibiting knowingly false statements about a candidate intended to influence voting.

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All the President’s Empty Threats

All the President’s Empty Threats

All of the claims that the President asserts start with a huge obstacle in the path to victory: he is complaining about statements made in the context of a political campaign.

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The President Wants You to Stop

The President Wants You to Stop

Within the last month, Donald Trump became the first sitting president to file suits against media organizations, claiming that the New York Times, Washington Post, and CNN defamed him in opinion pieces about Russian influence on his 2016 and 2020 campaigns.

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Be Careful What You Wish For

Be Careful What You Wish For

Not long after we hit the “publish” button on our article The Myths Of Arbitration, we discovered that two federal judges had thoughtfully provided even more evidence that businesses should not reflexively insert arbitration clauses in their standard-form agreements.

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Dump the Cheering Section. This is Law, Not Sports.

Dump the Cheering Section. This is Law, Not Sports.

Congressman Justin Amash – the former Republican who broke with the party over his quaint insistence on following the rule of law to the detriment of his support for President Trump – posted an outstanding Twitter thread last week.

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The Myths of Arbitration

The Myths of Arbitration

Why does the Supreme Court think arbitration is so great? From our perspective, the Court’s repeated praise for the comparative virtues of arbitration as an alternative to litigation can only be explained by the likelihood that the justices have never been sullied by exposure to any actual arbitration proceeding. Maybe we need a justice or two who has faced dispute resolution in a public forum but also private arbitration.

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