11 Dec 2015

What Trump’s Call to Ban Muslims Is Telling Us About Authoritarian Politics

Former counsel to the president John W. Dean argues that Donald Trump’s campaign is showing to the national public what authoritarian politics is all about. Dean ultimately says that he does not find Trump’s rhetoric threatening, because an authoritarian such as Trump—even if he secures the nomination—cannot find broad enough voter support across the country. Continue reading →

Posted In: Politics

11 Dec 2015

Vikram David Amar

Five (Somewhat) Unpredictable Aspects of this Week’s Oral Argument in Fisher v. University of Texas at Austin

Illinois Law professor and dean Vikram David Amar describes five unusual aspects of this week’s oral argument in Fisher v. University of Texas at Austin, in which the Supreme Case is considering the role of affirmative action in university admissions. Continue reading →

Posted In: Constitutional Law

More Analysis and Commentary

10 Dec 2015 Marci A. Hamilton

Donald Trump and the Need for Civil, Accurate Discourse

Cardozo law professor Marci Hamilton argues that Donald Trump and his extreme comments illustrate the need for civil, accurate discourse, rather than blunderbuss and showmanship. Hamilton points to the work by the Program in Research on Religion and Urban Civil Society at the University of Pennsylvania, which is conducting a social experiment that shows that people from different sides of the political/religious divide can have a meaningful conversation and reach agreement for the common good. Continue reading →

Posted In: Politics, Speech and Religion

9 Dec 2015 Neil H. Buchanan

The Republican Candidates Show Their Weakness as They Try to Look Strong

George Washington law professor and economist Neil H. Buchanan argues that the Republican presidential candidates fear doing anything risky or unpleasant, such as criticizing the extreme views of Donald Trump or failing to enact meaningful gun control reform. Continue reading →

Posted In: Politics

8 Dec 2015 Joanna L. Grossman

Anger Management: Charlie Sheen’s Ex-Fiancée Sues Over Sheen’s Failure to Disclose HIV Status

Hofstra University law professor Joanna Grossman comments on a recent lawsuit by Charlie Sheen’s ex-fiancée seeking damages for Sheen’s failure to disclose his HIV status. Grossman discusses the nature of the complaint filed and describes how civil and criminal laws must balance the right of individuals to sexual privacy against interests such as public health. Continue reading →

Posted In: Criminal Law, Privacy, Injury Law

7 Dec 2015 Ronald D. Rotunda

Donald Trump’s Campaign Financing Dodge

Chapman University law professor Ronald Rotunda critiques Donald Trump’s presidential campaign as falsely claiming to be self-financing. Rotunda explains what Trump is actually doing with the political donations to his campaign, and why it is not self-financing at all. Continue reading →

Posted In: Politics, Election Law

4 Dec 2015 Vikram David Amar

The Return of the Arizona Independent Redistricting Commission (AIRC) before the Supreme Court: The Harris v. AIRC Case Argued Next Week

University of Illinois College of Law dean and professor Vikram David Amar discusses a case in which the U.S. Supreme Court will hear oral arguments next week—Harris v. Arizona Independent Redistricting Commission. As Amar points out, that case lies at the intersection of many contentious aspects of 21st century American democracy, including dissatisfaction with elected officials, partisan zeal, racial equality, and federal–state relations. Continue reading →

Posted In: Election Law

3 Dec 2015 Sherry F. Colb

Education Department Faults Illinois School District for Excluding Transgender Girl from Locker Room Changing Area

Cornell University law professor Sherry F. Colb comments on a finding by the U.S. Department of Education Office for Civil Rights that an Illinois school district had violated anti-discrimination laws by barring a transgender girl from showering and changing in the girls’ locker room without restrictions. Colb argues that perhaps the best solution for everyone may be to have individual showers for everyone, rather than singling out a single person or disregarding the privacy concerns of everyone. Continue reading →

Posted In: Education, Privacy

2 Dec 2015 Michael C. Dorf

Lessons From Princeton’s Struggles With Woodrow Wilson’s Racism

Cornell University law professor Michael Dorf considers whether Princeton should remove Woodrow Wilson’s name and likeness from the campus due to Wilson’s racist views and actions. Dorf points out that the question is complex for a number of reasons, and rather than offering an outright answer, he provides a framework for evaluating this and similar issues. Continue reading →

Lessons From Princeton’s Struggles With Woodrow Wilson’s Racism [ 9:53 ] Play Now | Play in Popup | Download (91)

Posted In: Constitutional Law, Education, Other Commentary

1 Dec 2015 Joanna L. Grossman

Baby Mama: Appellate Court Declares Sherri Shepherd Is the Legal Mother of a Child Born to Her via Surrogate

Hofstra University law professor Joanna Grossman comments on a recent decision by a Pennsylvania appellate court that Sherri Shepherd, despite her arguments to the contrary, is the legal mother of a child born via surrogate. Grossman describes the background of the case and the national patchwork of state laws on surrogacy and explains why the appellate court came to the correct conclusion as a matter of law. Continue reading →

Posted In: Family Law

30 Nov 2015 Joseph Margulies

The Angry Americans

Cornell University law professor Joseph Margulies calls on us to reflect on the intensifying attacks in the United States against Islam and against the Black Lives Matter movement. Margulies argues that the attacks derive from a common source and that much can be learned from examining them together. Continue reading →

Posted In: Politics, Philosophy and Ethics, Law Enforcement

25 Nov 2015 Marci A. Hamilton

The Opposite of ISIS Is the First Amendment, And Its Members Are Extremist Islamic Terrorists

Cardozo law professor Marci Hamilton argues that the First Amendment of the U.S. Constitution stands for the opposite of everything that ISIS stands for, and furthermore, that denying the religious roots of Islamic terrorists does a disservice both to peaceful Muslims and to the public at large. Hamilton points out that by identifying ISIS as religious extremists, we can better accept that they are dogmatic, unbending fundamentalists rather than mere political actors. Continue reading →

Posted In: Speech and Religion

24 Nov 2015 Joanna L. Grossman

Though Obsolete, the Civil Union Continues to Mystify Courts

Hofstra University law professor Joanna Grossman discusses a decision by a New York trial court that illustrates the continuing confusion caused by the civil union, despite its obsolescence in light of the U.S. Supreme Court’s recent ruling in favor of marriage equality. Grossman provides a brief history of the civil union and its demise and critiques the reasoning and conclusion arrived at by the trial court in this case. Continue reading →

Posted In: Family Law

23 Nov 2015 Ronald D. Rotunda

A Minimum Wage of Zero

Chapman University law professor Ronald Rotunda questions the practice of both the Hillary Clinton Campaign and Supreme Court Justice Sonia Sotomayor to employ unpaid interns. Rotunda argues that in both instances, the interns do not receive the type of training or education from the experience that is required in order for an unpaid internship not to violate federal labor laws. Continue reading →

Posted In: Election Law, Employment Law

20 Nov 2015 Sherry F. Colb

Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty

Cornell University law professor Sherry Colb discusses the claim that IQ scores of minorities should be upwardly adjusted for the purpose of eligibility for the death penalty. Drawing upon an article on the issue by Robert Sanger, Colb argues that even if the practice of adjusting IQ scores were scientifically supported (which it is not), doing so for death penalty purposes constitutes invidious race discrimination in violation of the federal Constitution. Continue reading →

Posted In: Constitutional Law

19 Nov 2015 Neil H. Buchanan

Expensive, Self-Defeating Reactions to Fear and Panic

George Washington law professor and economist Neil H. Buchanan cautions against responding to terrorism by reflexively spending on security and military. Buchanan argues that such rash decisions can lead to high human and economic costs. Continue reading →

Posted In: Government, Tax and Economics

18 Nov 2015 Michael C. Dorf

Campus Unrest and the Fisher Affirmative Action Case

Cornell University law professor Michael Dorf comments on recent protests against administrators on various campuses across the United States. Dorf argues that the protests reflect the failure of campus administrators, faculty, and students to follow through on promoting diversity beyond the admissions process. Continue reading →

Campus Unrest and the Fisher Affirmative Action Case [ 9:05 ] Play Now | Play in Popup | Download (122)

Posted In: Civil Rights, Constitutional Law, Education

16 Nov 2015 Joseph Margulies

Even After Paris

Cornell University law professor Joseph Margulies considers what it means to represent someone who is widely reviled—such as an alleged terrorist. Continue reading →

Posted In: Criminal Law, Law Practice

13 Nov 2015 John Dean

R.I.P. Fred Thompson, A Faded Type of Washingtonian

John W. Dean, former counsel to President Nixon, reflects on the life of former Senator Fred Thompson, who passed away from a recurrence of lymphatic cancer on November 1, 2015. Dean describes how he and Thompson met, when the latter served as minority counsel to the Senate Watergate Committee, and their repeated crossed paths over the following decades. Continue reading →

Posted In: Other Commentary

12 Nov 2015 Marci A. Hamilton

Waves Up, Presidential Candidates

Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues. Continue reading →

Posted In: Politics, Criminal Law, Injury Law

Columnists

Vikram David Amar Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior… more

Neil H. Buchanan Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington University, and a Senior Fellow at the Taxation Law and Policy Research Institute, Monash University… more

Sherry F. Colb Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published… more

John Dean John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the… more

Michael C. Dorf Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and four books on… more

Joanna L. Grossman Joanna L. Grossman is the Sidney and Walter Siben Distinguished Professor of Family Law at the Maurice A. Deane School of Law at Hofstra University in Hempstead, New York. She is an expert in family… more

Marci A. Hamilton Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. Verkuil Chair in Public Law, Benjamin N. Cardozo School of Law, Yeshiva University. She is the author… more

David S. Kemp David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt… more

Joseph Margulies Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v… more

Anita Ramasastry Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International… more

Ronald D. Rotunda Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was… more

The Debt Ceiling Disasters: How the Republicans Created an Unnecessary Constitutional Crisis and How the Democrats Can Fight Back

by Neil H. Buchanan

Nov	DEC	Jan
	14
2014	2015	2016