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Backgrounder posted March 27, 2013 by Andrew Kloster Why Congress and the Courts Must Respect Citizens’ Rights to Arbitration
In 1925, Congress passed the Federal Arbitration Act (FAA),[1] establishing a strong federal policy in favor of arbitration. A form of alternative dispute resolution, arbitration reduces litigation costs, a savings that is passed on to consumers. Despite its advantages, however, arbitration has recently come under attack in Congress, executive agencies, and the courts.…
Lecture posted October 10, 2012 by The Honorable Alice M. Batchelder Suppose Joseph Story Had Been Right and Brutus Had Been Wrong
Abstract: Brutus, one of the loose-knit group of Anti-Federalists who opposed the adoption of the Constitution, was convinced that the new government would prove to be a national, not a federal, government; that the several states would cease to exist as sovereign entities; and that the judiciary would be instrumental in causing that result. Joseph Story, a proponent of a…
Backgrounder posted October 10, 2012 by Dominique Ludvigson Circumventing Citizens on Marriage: A Survey
Abstract: Despite a history of consistent voter support for traditional marriage, the U.S. Supreme Court has been asked to address questions concerning this foundational social institution. The issue has been forced onto the Court’s docket by activist judges who have overruled democratically established marriage policies and by executive branch officials who have…
Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012
Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…
Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In the law, that sensible proposition is embodied in the doctrine of “Tacit…
Issue Brief posted March 20, 2012 by Charles "Cully" Stimson, Elizabeth Slattery Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…
Testimony posted December 14, 2011 by Andrew M. Grossman Judicial Reliance on Foreign Law
Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing…
Testimony posted December 13, 2011 by Edwin Meese III Principles for Revising the Criminal Code
Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security December 13, 2011 Edwin Meese IIIChairman, Center for Legal & Judicial StudiesThe Heritage Foundation Mr. Chairman, Vice-Chairman Gohmert, Ranking Member Scott, and Members of the Subcommittee. Thank you for the opportunity to present my views…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many of these issues have already been discussed, one problem created by the overcriminalization…

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Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012
Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…
Testimony posted December 13, 2011 by Edwin Meese III Principles for Revising the Criminal Code
Testimony before the House Judiciary Committee, Subcommittee on Crime, Terrorism and Homeland Security December 13, 2011 Edwin Meese IIIChairman, Center for Legal & Judicial StudiesThe Heritage Foundation Mr. Chairman, Vice-Chairman Gohmert, Ranking Member Scott, and Members of the Subcommittee. Thank you for the opportunity to present my views…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many of these issues have already been discussed, one problem created by the overcriminalization…
Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…
Testimony posted December 14, 2011 by Andrew M. Grossman Judicial Reliance on Foreign Law
Testimony before the Subcommittee on the Constitution,Committee on the Judiciary,United States House of Representatives December 14, 2011 My name is Andrew Grossman. I am a Visiting Legal Fellow in the Center for Legal and Judicial Studies at The Heritage Foundation. The views I express in this testimony are my own, and should not be construed as representing…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In the law, that sensible proposition is embodied in the doctrine of “Tacit…
Backgrounder posted March 27, 2013 by Andrew Kloster Why Congress and the Courts Must Respect Citizens’ Rights to Arbitration
In 1925, Congress passed the Federal Arbitration Act (FAA),[1] establishing a strong federal policy in favor of arbitration. A form of alternative dispute resolution, arbitration reduces litigation costs, a savings that is passed on to consumers. Despite its advantages, however, arbitration has recently come under attack in Congress, executive agencies, and the courts.…
WebMemo posted September 9, 2010 by Colleen Pero Hijacking Justice: The Well-Funded Campaign to Replace Judicial Elections with Selection by Liberal Special Interests
Over the past 10 years, special interests have engaged in a highly coordinated, well-funded campaign to fundamentally alter the composition of America’s state courts. The campaign’s goal: to exclude conservative, rule-of-law judges from the bench. This campaign has been bankrolled by George Soros, a hedge fund operator with a net worth of $13 billion, according to the…
Issue Brief posted March 20, 2012 by Charles "Cully" Stimson, Elizabeth Slattery Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…
Legal Memorandum posted June 4, 2010 by Darpana M. Sheth Overturning Iqbal and Twombly Would Encourage Frivolous Litigation and Harm National Security
Abstract: The ill-advised and unnecessary Notice Pleading Restoration Act of 2009 and the Open Access to Courts Act of 2009 would severely weaken the federal civil pleading standard, encouraging frivolous litigation and harming national security. Such an almost nonexistent pleading standard would weaken U.S. national security, and otherwise impede the government’s ability…

Find more work on Federal Judicial Branch

Backgrounder posted March 27, 2013 by Andrew Kloster Why Congress and the Courts Must Respect Citizens’ Rights to Arbitration
In 1925, Congress passed the Federal Arbitration Act (FAA),[1] establishing a strong federal policy in favor of arbitration. A form of alternative dispute resolution, arbitration reduces litigation costs, a savings that is passed on to consumers. Despite its advantages, however, arbitration has recently come under attack in Congress, executive agencies, and the courts.…
Backgrounder posted October 10, 2012 by Dominique Ludvigson Circumventing Citizens on Marriage: A Survey
Abstract: Despite a history of consistent voter support for traditional marriage, the U.S. Supreme Court has been asked to address questions concerning this foundational social institution. The issue has been forced onto the Court’s docket by activist judges who have overruled democratically established marriage policies and by executive branch officials who have…
Legal Memorandum posted September 21, 2012 by Paul Larkin, Elizabeth Slattery Overview of the Supreme Court’s October Term, 2012
Abstract: Given the excitement and importance of the recently concluded Supreme Court term, it is possible that the upcoming term will lack the same dazzling array of issues; just as not every baseball lineup is loaded with players like the 1927 Yankees Murderers Row, not every Supreme Court term is chock-full of Hall of Fame cases. Still, the next few years promise their…
Issue Brief posted May 22, 2012 by Andrew M. Grossman Dismissing Padilla v. Yoo: A Glass Half Empty?
The Ninth Circuit correctly dismissed Jose Padilla’s lawsuit against John Yoo, the former Department of Justice official who provided key analysis of legal questions arising from the war on terrorism. But being the traditionally liberal and oft-reversed Ninth Circuit, the court could not leave well enough alone and issued an opinion that casts doubt on the lawfulness of…
Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions
Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In the law, that sensible proposition is embodied in the doctrine of “Tacit…
Issue Brief posted March 20, 2012 by Charles "Cully" Stimson, Elizabeth Slattery Juvenile Life Sentences: Constitutionality of Life Without Parole for Teenage Murderers
On Tuesday, March 20, the Supreme Court hears oral argument in two cases involving the constitutionality of sentences of life without parole (LWOP) for teenage murderers. The real issue before the Court is this: Will the Court again “find” or “invent” a heretofore undiscovered constitutional prohibition and thus strike an entire category of sentences for the most violent…
Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem
Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many of these issues have already been discussed, one problem created by the overcriminalization…
WebMemo posted September 9, 2010 by Colleen Pero Hijacking Justice: The Well-Funded Campaign to Replace Judicial Elections with Selection by Liberal Special Interests
Over the past 10 years, special interests have engaged in a highly coordinated, well-funded campaign to fundamentally alter the composition of America’s state courts. The campaign’s goal: to exclude conservative, rule-of-law judges from the bench. This campaign has been bankrolled by George Soros, a hedge fund operator with a net worth of $13 billion, according to the…
Legal Memorandum posted June 4, 2010 by Darpana M. Sheth Overturning Iqbal and Twombly Would Encourage Frivolous Litigation and Harm National Security
Abstract: The ill-advised and unnecessary Notice Pleading Restoration Act of 2009 and the Open Access to Courts Act of 2009 would severely weaken the federal civil pleading standard, encouraging frivolous litigation and harming national security. Such an almost nonexistent pleading standard would weaken U.S. national security, and otherwise impede the government’s ability…

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