In early December, the Supreme Court will hear oral arguments in cases asking the justices to overrule two longstanding ...

Perhaps the public’s more recent charges of judicial activism or legislating from the bench are a reaction to our three branches of government being out of balance.

Joel Brandes at the New York State Court of Appeals in September 2016 in Albany, New York. (Photo/Hans Pennink) “Stare decisis” means “to stand by things decided.” (Black’s Law Dictionary, 11th ed.

The alarums are especially loud this year because the court in recent terms has overturned a number of high-profile ...

The court declined to rule on the issue and decided that Shibuya infringed claim 26 of U.S. Pat. No. 6,209,591 (the ’591 Patent) because, regardless of whether RDOE is a viable defense to patent ...

Most judges who have considered President Donald Trump’s disputed tariffs have ruled against him. But when the Supreme Court hears his appeal next week, it may be influenced by a forceful dissenting ...

Justice, Democracy, and Law is a recurring series by Edward B. Foley that focuses on election law and the relationship of law and democracy. Justice Amy Coney Barrett’s new book, Listening to the Law, ...

Earlier this month, I previewed the arguments in Federal Communications Commission v. Consumers’ Research. The case asks the Supreme Court whether the FCC’s Universal Service Fund (USF) violates the ...

The administration says the ruling, stemming from the seizure of an old mare, forbids judges from second-guessing his use of ...