Supreme Court to Consider When a Criminal Defendant Must Pay With His Life for His Lawyer’s Error

Cornell University law professor Michael C. Dorf comments on a case before the U.S. Supreme Court that presents the issue whether and when a criminal defendant should pay with his life for an error made by his lawyer. Dorf explains the facts behind the case as well as the relevant legal precedents. He argues that Davila, the criminal defendant in this case, might convincingly argue that his first real opportunity to complain about the ineffectiveness of counsel on direct appeal is in a state habeas proceeding.

Is Sex Necessary? (Legally Speaking)

SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor Lawrence M. Friedman consider whether a sexual tie should continue to be a component of the institution of marriage. Grossman and Friedman describe the history of marriage and provide two examples where two people who cannot marry each other arguably still deserve some sort of legal protection for their relationships.

The Religious Liberty Shell Game Needs to End Now Before the Civil Rights of Women and LGBTQ Recede into History

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, reminds of the distinction between constitutional rights and statutory rights. Hamilton argues that the so-called right to religious liberty used to excuse discrimination against LGBTQ individuals derives from federal statutes that were enacted out of animus in the first place.

Who Cares?

Cornell Law professor Joseph Margulies argues that rather than see certain individuals as monsters undeserving of empathy, we should see the humanity in every person. To illustrate his point of humanity, Margulies describes in detail the life and background of Dante Owens, who was sentenced to three consecutive life sentences.

The Sunshine the Constitution Craves: Alec Baldwin, Meryl Streep, Protesters, and Boycotters Should Not Stop Now

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, defends those protesting Donald Trump’s inauguration this week in the face of those calling for “unity.” Hamilton argues that “unity” in this case is simply a euphemism for “uniformity” and that the very democratic process demands that the people speak out and have their voices heard.

Another Excuse for Possible Constitutional Overreach by Trump

George Washington law professor and economist Neil H. Buchanan explores how President-elect Donald Trump could seize upon, or even create, a debt ceiling crisis as a way to enhance his executive powers. Buchanan explains that Trump could put himself into a “trilemma” on purpose, giving himself no choice but to pick and choose which of the government’s debts he would pay and which he would not.

Constitutional Lessons from the Senate’s Quick Processing of President-Elect Trump’s Cabinet Picks?

Illinois Law dean and professor Vikram David Amar describes two lessons we should take away from the Senate’s processing of President-elect Trump’s nominees for his Cabinet. First, Amar explains the constitutional difference between executive and judicial appointments. Second, Amar explains the relatively long time between the end of the election and when the president-elect actually takes office, and also proposes a way to reduce this period and ease transition.

I Might Actually Agree With Trump About Something, Someday, Maybe

George Washington law professor and economist Neil H. Buchanan explains how and why House Republicans might put President-elect Donald Trump in a debt ceiling crisis, just as they did to President Obama. Buchanan points out that Trump might rightfully choose to ignore the debt ceiling law, which Buchanan argues is unconstitutional anyway.

Is It “Reasonable” For Police to Kill Dogs in the Homes that they Search?

Cornell University law professor Sherry F. Colb critiques a decision by the U.S. Court of Appeals for the Sixth Circuit holding that it was reasonable for police officers to kill two dogs in a home they searched. Colb first explains the facts behind the case and then argues that the police should have asked the dogs’ owner to subdue the dogs prior to the search, and that not doing so was unreasonable and led to the unnecessary killing of the dogs.

An Index Fund is the Next Best Thing to a Blind Trust

Cornell University law professor Michael C. Dorf argues that for extremely wealthy government officials, in order to avoid conflicts of interests based on their financial holdings, could turn to a broad-based diversified portfolio, rather than having to utilize a blind trust. Dorf explains why this particular solution works for extremely wealthy individuals and why President-elect Donald Trump and much of his cabinet should take heed.

Donald Trump and the National Security State

Cornell University law professor Joseph Margulies considers what Donald Trump’s approach to national security might be, based on the particular combination of his ideology and the technology available to him. Margulies points out that Trump has the surveillance technology that was available to Obama without the reservations about profiling.

The Republican Fail on Sex Assault and Child Sex Abuse

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.

Defending a Texas Rule Requiring Fetal Burial or Cremation

Writing from the perspective of a pro-life activist, Cornell University law professor Sherry F. Colb considers the merits of a Texas rule that would require hospitals and clinics to bury or cremate the remains of embryos and fetuses resulting from terminations or miscarriages that take place in their facilities. From this perspective, Colb acknowledges that the rule might reasonably be interpreted to be consistent with Supreme Court precedent; she writes from her true (pro-choice) perspective in an accompanying blog post.

Can and Should States Mandate Tax Return Disclosure as a Condition for Presidential Candidates to Appear on the Ballot?

Illinois Law dean and professor Vikram David Amar considers whether states have the authority to mandate tax return disclosure in order to appear on the presidential election ballot—and if they do, whether exercising that authority is a good idea. Amar explains why the legal authority for enacting such laws is unclear and argues that they could potentially undermine the democratic process, whereas a national popular vote would strengthen the process.

“When Love Yielded to Litigation”: Virginia Court Says Engagement Ring Goes Back

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Virginia Supreme Court holding that the recipient of an engagement ring must return it after the engagement was called off. Grossman explains the legal background of engagement rings and other gifts and provides some sage wisdom to couples wishing to become engaged and eventually to marry.

The North Carolina Legislature’s Power Grab is Unfair and Undemocratic. Is it Also Illegal?

Cornell University law professor Michael C. Dorf discusses the recent actions by the GOP-controlled North Carolina legislature stripping the newly elected Democratic Governor Roy Cooper of much of the power of his office. Dorf explains some of the potential legal challenges to this legislative action and argues that this reckless attitude is a danger to democracy.

This Holiday Weekend, Try Not to Be Penn State

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, points out that for many victims of child sexual abuse, the holiday season is a time of torture of revisiting painful memories, rather than joy. Hamilton calls upon us to address the problem of child sex abuse directly by changing the laws, teaching the adults, reforming the institutions, and supporting the victims.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more