Opening Argument – Bush’s Immigration Plan: A Step In the Right Direction

National Journal

"Metaphorically each rich nation can be seen as a lifeboat…. In the ocean outside each lifeboat swim the poor of the world…. What should the lifeboat passengers do? … Suppose the 50 of us in the lifeboat see 100 others swimming in the water outside, begging for admission to our boat…. We could take them all into our boat, making a total of 150 in a boat designed for 60. The boat swamps, everyone drowns. Complete justice, complete catastrophe."

Opening Argument – The Supreme Court Needs To Rule on’Enemy Combatants’

National Journal

What power has the government to detain and interrogate American citizens and others whom it suspects of links to foreign enemies but cannot criminally prosecute without harming its ability to gather intelligence? And what rights have such people to challenge the government’s claims that they are "enemy combatants"?

Opening Argument – Asbestos Litigation: EvidenceOf Massive Corruption?

National Journal

"Asbestos litigation has become a malignant enterprise which mostly consists of a massive client-recruitment effort that accounts for as much as 90 percent of all claims currently being generated, supported by baseless medical evidence which is not generated by good-faith medical practice, but rather is primarily a function of the compensation paid, and by claimant testimony scripted by lawyers to identify exposure to certain defendants’ products."

Opening Argument – Should the Supreme Court Clean Up Its Own Mess?

National Journal

Overshadowed by the December 10 decision upholding the McCain-Feingold campaign finance law was an important oral argument that morning over whether the Supreme Court should arrogate to itself vast new powers to redraw every congressional district in the nation. The goal would be to clean up the incumbent-entrenching, polarizing, gerrymandered mess that redistricting has become, or at least to strike down partisan gerrymanders so extreme as to mock majority rule.

Opening Argument – December 10:A Worrisome Day for the Freedom of Speech

National Journal

The Supreme Court was probably right to uphold the two most publicized provisions of the Bipartisan Campaign Reform Act of 2002. The first bans large, potentially corrupting gifts of soft money to the major political parties at the behest of members of Congress and other federal officials. The second bans any use of business corporation or labor union money to buy broadcast ads naming federal candidates close to the time of a federal election.

Opening Argument – Moussaoui May Deserve to Die, but Not Without a Fair Trial

National Journal

It would be no loss to humanity if we dragged Zacarias Moussaoui in front of a firing squad tomorrow and shot him. He has boasted in open court of being a "member of Al Qaeda" and loyal to Osama bin Laden, and of knowing "exactly who" committed the 9/11 mass murders. He has declared, "I, Zacarias Moussaoui, urge, incite, encourage, solicit Muslim to kill Americans, civilian or military, anywhere around the world." He is crazy and evil.

Opening Argument – How Courts and Congress Wrecked School Discipline

National Journal

Outside Anacostia Senior High School, three miles southeast of the Capitol, a football player was killed on October 30 by a stray bullet meant for someone else. Not far away, at Ballou Senior High, a gang fight involving 15 or 20 students broke out in the cafeteria on November 10. School officials "have no control," one Ballou mother complained to The Washington Post.

Opening Argument – Educating Black Children: Why Culture Matters

National Journal

Students perform mock trials, engage in formal debates, and write stories, letters, poems, skits, and essays, [are] expected to spell correctly, and know English grammar, as well as the times tables and basic mathematical algorithms. In a class that we watched, the teacher was rapidly firing square root questions. The square root of 81 is? Students called on to answer rose from their chairs and gave the answer, loud and clear, standing tall. (An education in public speaking as well as math.) In other classes, students memorize poems and speeches. Fifth-graders must know the elements of the periodic table; sixth-graders can explain the process of DNA replication. – Abigail and Stephan Thernstrom, No Excuses: Closing the Racial Gap in Learning

That’s the way they do it at North Star Academy, a public charter school in Newark, N.J., with a student body of almost entirely low-income, African-American kids and no whites. The school day runs an extra hour. The academic year is 11 months. The students wear uniforms. They pick up trash. The homework is hefty. Most parents sign a voluntary "covenant" to "check our child’s homework each night." The school’s founders see inner-city teaching as a calling. The school is free of bureaucratic paralysis and free to hire nonunion teachers, pay them extra for unusual success or long hours, fire bad teachers, discipline students, and allocate its small budget as it sees fit.

It works. Despite having spent five years in abysmal elementary schools before entering North Star, 78 percent of the students passed statewide tests in English language arts and 58 percent passed in math in 2002 — well over double the rates of other schools in the neighborhood. And these students plan to go to college.