If the legislature will not act responsibly, courts should aggressively protect the constitutional rights of parties when retroactive legislation creates new liabilities for past conduct.

Patent litigation is broken, and Congress is every bit as qualified as--and often more qualified than--the courts to fix it.

What had been a trickle of litigation over Vioxx became a flood.

The death penalty had received special scrutiny from courts through the years.

Last November, the Committee on Capital Markets Regulation--a group of academic experts and market specialists--issued the first comprehensive report on whether excessive regulation and litigation were causing a migration of financial transactions away from the United States. The report concluded there was strong evidence of this possibility and recommended various...

The imposition of the punishment of execution for certain heinous crimes has been a matter of intense controversy in the United States and especially in its legal system. Although the Supreme Court has upheld the constitutionality of the death penalty for over thirty years, battles over its application in particular...

Only through abuse of the class action mechanism can obesitylitigation be feasibly used by plaintiffs" attorneys. The risk of that abuse, however, is very real.