Constitutional Law

Explore a comprehensive collection of resources dedicated to understanding the intricacies of constitutional law. Visitors will find informative articles, in-depth video interviews with legal experts, and clear definitions of key terms, all designed to deepen your knowledge of individual rights, governmental powers, and landmark Supreme Court cases. Whether you're a legal professional or someone seeking clarity on constitutional issues, this category provides authoritative insights and guidance.

447 posts

Are Bail Commissioners Involved in All Criminal Cases?

October 5, 2025 • By Jack Gilbert

No—bail commissioners are involved mainly in pre-arraignment detention cases where bail must be set or reviewed. Many criminal cases proceed through summons, release on recognizance, or judicial bail decisions without a commissioner. This article explains when commissioners act, how bail is determined, and what affects involvement. In the complex world of legal proceedings, the position […]

Administrative Law Arbitration

How Do Lawyers Prepare for Motion Hearings Now?

October 5, 2025 • By Jack Gilbert

Lawyers now prepare for motion hearings by combining traditional brief-writing with technology-driven analysis and remote-hearing readiness to meet faster, stricter court expectations. Courts increasingly require tight compliance with local rules, streamlined evidence, and clear, oral advocacy—often on short notice and sometimes by video. This article explains modern preparation workflows, from drafting and exhibit strategy to […]

Constitutional Law Economic Policy

Are Budget-Balance Rules Compatible With Economic Growth?

October 1, 2025 • By Jack Gilbert

Budget-balance rules can be compatible with economic growth, but they often constrain stabilization policy because the U.S. has run deficits in most years since 1970. When recessions hit, strict balance requirements can force tax hikes or spending cuts that may deepen downturns without well-designed escape clauses. This article explains how a Balanced-Budget Amendment would work […]

Constitutional Law Court Procedures

Who Can Challenge Due Process Violations in Court?

October 1, 2025 • By Jack Gilbert

Any person or entity whose life, liberty, or property is affected by government action can challenge a due process violation in court. This typically includes criminal defendants, civil litigants, and parties subjected to administrative actions who were denied proper notice or a fair hearing. This article explains standing, key due process rights, and how these […]

Arbitration Case Law

How Do Precedents Shape Legal Decisions Now?

September 30, 2025 • By Jack Gilbert

Legal precedents shape legal decisions now by requiring courts to follow binding higher-court rulings while treating similar past cases as persuasive authority. This reliance on case law promotes consistent outcomes, narrows judicial discretion, and helps lawyers predict results. This article explains how precedent works, when it can be distinguished or overruled, and its impact on […]

Administrative Law Constitutional Law

Arbitrary and Capricious Standard: Complete Guide for Legal Decisions

September 30, 2025 • By Jack Gilbert

The arbitrary and capricious standard is a deferential judicial review test requiring agencies to show a rational connection between the facts found and the decision made. Courts typically uphold the action if it considered relevant factors and explained its reasoning, but will vacate decisions that ignore evidence or rely on improper factors. This article defines […]

Administrative Law Constitutional Law

How the Term ‘Esquire’ is Used in the United States

September 30, 2025 • By Guest Post

In the United States, “Esquire” (often written “Esq.”) is a courtesy title most commonly used after the name of a licensed attorney. It signals professional status in legal correspondence, though it isn’t an academic degree and its use can vary by state bar rules and etiquette. This article explains the term’s history, modern conventions, proper […]

Business Law Business/Corporate

Key Differences Between Lawyers and Attorneys

September 30, 2025 • By Guest Post

“Lawyer” is a broad term for someone trained in law, while an “attorney” is a lawyer who is licensed to represent clients in court and act on their behalf. Although many people use the words interchangeably, the distinction can affect who can file documents, appear in court, and give representation in legal proceedings. This article […]

Civil Law Constitutional Law

What Is the Bad Tendency Doctrine in Free Speech Law?

September 29, 2025 • By Jack Gilbert

The Bad Tendency Doctrine let courts restrict speech if it had a tendency to lead to illegal acts or public harm, without proving imminent danger. Rooted in English common law, it influenced early U.S. First Amendment cases before being displaced by clearer standards like “clear and present danger” and later “imminent lawless action.” This article […]

Constitutional Law Contract Law

Are Civil and Criminal Law Services Profitable Together?

September 29, 2025 • By Jack Gilbert

Yes—many law firms can increase profitability by offering civil and criminal law services together, diversifying revenue and smoothing cash flow across case types. While criminal work often moves faster and civil matters can produce larger but slower-paying fees, combining them can balance risk and capacity. This article explains profit drivers, pricing and billing models, ethical […]

Constitutional Law Court Procedures

Tips to Keep in Mind if You Are Ever Arrested for a DWI

September 23, 2025 • By Guest Post

In Texas, you can be arrested for DWI at a BAC of 0.08% or higher. In Houston, a DWI arrest can trigger jail time, fines, and license suspension, so your choices during the stop matter. This article covers practical tips to protect your rights and reduce harm after a DWI arrest. DWI, Driving While Intoxicated, […]

Administrative Law Affidavits

How Do Courts Excuse Waived Objections Under Harvey Waiver?

September 19, 2025 • By Jack Gilbert

Courts may excuse waived objections under a Harvey waiver by applying plain-error review when an error is obvious and affects substantial rights. Even without a timely objection, appellate courts can correct mistakes that seriously undermine fairness or the integrity of the proceeding. This article explains what counts as waiver, when courts will still review, and […]

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