One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the rule of law.

After all, a district judge who gives harsh sentences to Yankees fans and lenient sentences to Red Sox fans would not be acting reasonably even if her procedural rulings were impeccable.

The level of discourse reaching a mailbox simply cannot be limited to that which would be suitable for a sandbox.

Just as the right to speak and the right to refrain from speaking are complementary components of a broader concept of individual freedom, so also the individual's freedom to choose his own creed is the counterpart of his right to refrain from accepting the creed established by the majority.

One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's presidential election, the identity of the loser is perfectly clear. It is the nation's confidence in the judge as an impartial guardian of the rule of law.

To show a well-founded fear of persecution, an alien need not prove that it is more likely than not that he or she will be persecuted in his or her home country.

By requiring that an execution be relatively painless, we necessarily protect the inmate from enduring any punishment that is comparable to the suffering inflicted on his victim. This trend, while appropriate and required by the Eighth Amendment's prohibition on cruel and unusual punishment, actually undermines the very premise on which public approval of the retribution rationale is based.