The Wages of Crying Wolf

Chapman University law professor Ronald Rotunda calls attention to the increasing problem of false claims of hate crimes—whether based on race or sexual orientation—and suggests that rather than embrace a mob mentality, we neither jump to conclusions of guilt nor accuse claimants of lying.

A Specific Proposal That Helps Give Us a Sense of What Getting Rid of Citizens United Might Entail

Illinois Law dean and professor Vikram David Amar examines California’s Proposition 49—which seeks the voters’ approval for the California legislature to ratify an amendment to the federal Constitution to overturn the U.S. Supreme Court’s 2010 decision in Citizens United v. FEC—in order to shine light on what might be required to overturn the decision on a federal level. Amar argues that Proposition 49 highlights just how difficult it would be to craft a workable constitutional amendment to overturn Citizens United.

Trump’s Anatomy Is More Relevant Than You Think

In light of Donald Trump’s recent comments about his anatomical endowment, Cornell University law professor Michael C. Dorf discusses the role of virility—and perceived virility—among prior American presidents and other world leaders of history. Dorf points out that while some studies suggest popular perception of one male candidate as “more manly” than another might give him an edge up, analysis shows that result cannot necessarily be extrapolated to predict male versus female elections.

Deciding Strategically: Lessons From a Brazilian Supreme Court Decision

Guest columnists Igor De Lazari, Antonio Sepulveda, and Henrique Rangel comment on a recent ruling by the Brazilian Supreme Court that criminal sentences may be enforced after a challengeable appellate court decision—a ruling the authors argue departs from the clear meaning of article 5, section LVII of the Brazilian Constitution. De Lazari, Sepulveda, and Rangel suggest that the ruling was based on strategic motivations by the justices, rather than purely on interpretations of the law.

Dueling Delusions

Cornell University law professor Joseph Margulies comments on the current plight of the Republican party and the role of Donald Trump in that trajectory. Margulies focuses on the delusions that bedevil the GOP and points to the symbols in which the party refuses to believe and on which it simultaneously depends.

Legislators Should Find Courage in Spotlight’s Success and Motivation in Yet Another Grand Jury Report, and Finally Do SOL Reform Right

Cardozo Law professor Marci Hamilton discusses the recently released report on abuse in the Altoona-Johnstown Catholic Diocese in Pennsylvania. Hamilton argues that with the motion picture Spotlight having received the Oscar for Best Motion Picture, legislators in Pennsylvania and elsewhere should have even greater motivation to reform civil and criminal statutes of limitations with respect to victims of child sex abuse.

Differing Perspectives on California Law Requiring Pregnancy Clinics to Post Abortion Information

Cornell University law professor Sherry Colb considers the perspectives of both sides of the controversy over a relatively new California law requiring licensed pregnancy centers to prominently post a notice about the availability of free or low-cost abortion, contraception, and prenatal care. Colb offers a compelling narrative to illustrate each perspective, ultimately concluding that while she personally agrees with one side neither is “right” in a moral sense.

Protection Against Sexual Harassment Is Alive and Well in the Sixth Circuit

Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Sixth Circuit, in which the court affirmed a jury verdict in favor of a sexual harassment plaintiff. Grossman describes the facts leading up to the case and explains why the jury and the appellate court came to the correct conclusion as a matter of fact and law.

What Does Ancient Athens Have to Do With University Protesters?

Chapman University law professor Ronald Rotunda describes how freedom—specifically freedom of speech—was recognized as important as far back as ancient Athens, and how it remains important in the United States today, not only for its inherent value but also in setting an example for the rest of the world to use. Rotunda argues that when the United States restricts speech, other countries will use our example to justify their own repression.

The Grave Risks of the Senate Republicans’ Stated Refusal to Process any Supreme Court Nominee President Obama Sends Them

Illinois Law dean and professor Vikram David Amar describes some of the risks Senate Republicans will face if they refuse to process any Supreme Court nominee that President Obama sends them, as they have claimed they would. Among these risks, Amar argues, are the possibility that a President Hillary Clinton might appoint Obama to the Supreme Court, that the Democrats could take over the Senate and approve a nominee that a Republican-controlled Senate would not have approved, or even that Justices Breyer and Ginsburg could retire under a Democrat-controlled Senate, giving President Obama three places on the Court to fill with liberal justices.

The Kasich Moderation Burlesque

George Washington University law professor and economist Neil H. Buchanan continues his series of columns evaluating presidential candidates’ claims of being moderate by looking at Ohio governor John Kasich. Buchanan cautions that although as governor Kasich accepted a Medicaid expansion for Ohio and acknowledges climate change, his actions and words with respect to issues such as abortion, the Affordable Care Act, and the federal budget—among others—reflect extreme conservative views, not moderate ones.

Senate Republicans Offer Laughable Reasons for Refusing to Confirm an Obama Supreme Court Nominee

Cornell University law professor Michael Dorf explains why Republicans’ claims that President Obama lacks democratic legitimacy in appointing a successor to the late Justice Antonin Scalia. Dorf points out that the reasons offered thus far for refusing to confirm an Obama nominee seem to imply that originalism/formalism can be validated or invalidated by popular approval, even absent a constitutional amendment.

Enough

Cornell University law professor Joseph Margulies comments on Donald Trump’s recent declaration that not only does he support torture, but that if he becomes president, he would utilize it more, regardless of whether it “works.” Margulies explores these statements as well as the identity of those who support him and his views.

Nino Scalia, R.I.P.

Chapman University law professor Ronald Rotunda reflects on the life and accomplishments of his friend the late Justice Antonin Scalia. Rotunda responds to some of the criticism that surfaced after Scalia’s death and recounts some of his most memorable opinions.

In Defense of Justice Scalia on Religious Liberty and Smith

In honor of the recently deceased Supreme Court Justice Antonin Scalia, Cardozo Law professor Marci Hamilton discusses the Court’s decision in Employment Div. v. Smith, in which Justice Scalia wrote for the majority holding that a law is constitutional under the Free Exercise Clause of the First Amendment if it is facially neutral and generally applied. Hamilton lauds the decision as striking the right balance between liberty and harm, and between religious diversity and religious tyranny.

The Second Circuit Honors the Threshold of the Home in a Fourth Amendment Opinion

Cornell University law professor Sherry Colb discusses a decision by the U.S. Court of Appeals for the Second Circuit holding that when police are outside the threshold of a home arresting a suspect who is inside the threshold, it is a “home arrest” requiring a warrant. Colb explains why the decision is significant in protecting the home as a space where a person can feel the highest degree of privacy and comfort, free from unreasonable government intrusions.

Course Correction: Young v. United Parcel Service Makes Courts Focus on Right Issues, but Also Reveals Limits of PDA

Hofstra University law professor Joanna Grossman discusses the effect that the U.S. Supreme Court’s decision in Young v. United Parcel Service has had on cases arising under the Pregnancy Discrimination Act (PDA), as well as the limitations of that decision. Grossman argues that while the decision helped give effect to the intended purpose of the PDA, it did not and could not expand the scope of the statute, which is what is now needed to adequately protect pregnant workers.

When Judicial and Presidential Politics Collide

Cornell University law professor Joseph Margulies comments on the likely political and legal consequences of the recent passing of Associate Supreme Court Justice Antonin Scalia. Margulies predicts that, due to the ongoing presidential campaign, anyone President Obama nominates to fill the vacancy might become both a partisan tool in presidential politics and also a symbol for the future of America.

Sticking Up (Kind of) for a(n Idaho) State Court Slapped Down by the U.S. Supremes

Vikram David Amar—dean and law professor at the University of Illinois College of Law—comments on a summary reversal by the U.S. Supreme Court of a decision by the Idaho Supreme Court. While Amar agrees with the Court that the Idaho court erred in reaching its decision, but he argues that the Idaho jurists were not guilty of the particular stupidity or defiance the Supreme Court imputed to them.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Col... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington Univ... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teac... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.  Bef... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Sidney and Walter Siben Distinguished Professor of Family Law at the Mauri... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States and the Paul R. V... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record i... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more