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A stable society depends on the rule of law, which involves, among other things, legal certainty. This is a simple principle that means people should have a reasonable sense of what is lawful and what is not. It also depends on the general public having confidence that the law enjoys some relationship — not necessarily

Advocates of desegregation should take heart, and planners should take notice, because at last it’s official: Land-use policies that perpetuate residential segregation are illegal.  A new rule from the Department of Housing and Urban Development (HUD) clearly spells out that the Fair Housing Act prohibits practices that have a discriminatory effect (disparate impact), even if

Some aspects of intellectual property law are inherently complex. But other areas could be — and should be — much simpler. For example, you would think the law would have a crystal clear answer to this question: When a retailer is selling something produced by a famous manufacturer and wants to advertise the fact, is

Before we say goodbye to 2012, the year in which we re-elected our first African-American President, I would like to mention an important centenary in civil rights law. One hundred years ago William H. Lewis, a graduate of Amherst College and Harvard Law School, completed his service as the first African-American Assistant Attorney General

Sometimes judges give helpful hints. I think Judge Kenneth Neiman provided one recently when he denied a motion to dismiss in a case about a photograph, Peckham v. New England Newspapers, Inc., 40 Media L.Rep. 1849 (June 4, 2012). The thumbnail sketch is this:A newspaper photographer took a photo of a motor-vehicle collision showing