Articles by Noah Feldman, Bloomberg Opinion

Noah Feldman is a Bloomberg Opinion columnist and host of the podcast “Deep Background.” He is a professor of law at Harvard University and was a clerk to U.S. Supreme Court Justice David Souter. His books include “The Three Lives of James Madison: Genius, Partisan, President.”

Qualified Immunity Suggests Police Are Above the Law: Opinion

The Justice in Policing Act of 2020 introduced by House Democrats this week contains a provision that is likely to become the subject of lively debate: The provision effectively eliminates the legal defense known as “qualified immunity” for state and …

States’ Climate Change Litigation Could Be Useful Tool Against Big Oil: Opinion

A growing number of cities and states want to turn climate change lawsuits against oil companies into the next tobacco or opioid litigation. In principle, that seems like a truly terrible idea. Such lawsuits will likely do even less to …

How Supreme Court Just Made Things Easier for Patent Infringers

The Supreme Court made it easier on Wednesday for U.S. manufacturers to infringe patents held by competitors by manufacturing all but one of the infringing components abroad. The practical consequences could be significant, as could the court’s apparent view that …

Opinion: Bad Eggs and Prison Sentences

The legal troubles of the father and son executives of an Iowan egg farm could have repercussions for businesses everywhere: In a case involving a 2010 salmonella outbreak, an appeals court has decided that you can get prison time for …

Supreme Court Muddies Healthcare Liability Waters

The Supreme Court is supposed to take appellate cases to make the law clearer. Last week’s opinion on healthcare fraud had the opposite effect. Instead of spelling out exactly when a misrepresentation in healthcare billing counts as a legal violation, …

Do Drunk Drivers Have Constitutional Rights?

Can you be charged with a crime for refusing to take a Breathalyzer test when stopped on suspicion of drunken driving? It’s hard to think of a constitutional rights question that affects more people. On Wednesday, the Supreme Court will …

A Drunk Driving Case Made for TV’s ‘Law & Order’

I can’t be the only one who thinks they should bring back the original “Law & Order.” If NBC did, the show’s first case should be one that went on trial this week in a local court in Mineola, New …

Drone Viewpoint: Let U.S. Protect Airspace, While States Protect Privacy

In October, a Kentucky judge dismissed criminal charges against a man who had shot down a drone flying over his property. Now the drone’s owner has brought a federal civil suit against the shooter, William Merideth, arguing that the Federal …

Dollar General Claim Challenges Tribal Sovereignty Before Supreme Court

The idea that American Indian tribes are sovereign has a checkered history, in which it’s been both a sword for taking away Indians’ land and a shield for protecting some vestige of self-determination. Tribal sovereignty was before the U.S. Supreme …

Supreme Court in Bind Over Insurer’s Right to Insured’s Damages Money

Which do the conservative justices hate more: personal-injury lawyers or interpreting a law loosely to expand the power of lower courts? That question was to be on the table Monday at the U.S. Supreme Court. The justices are hearing oral …