Trump’s Mueller Scheming Will Fail

John W. Dean, former counsel to President Richard Nixon, comments on President Trump’s expressed displeasure with his attorney general, Jeff Sessions, and his apparent concern about the investigation by special counsel Robert Mueller. Dean answers several questions raised by these and related stories.

So When Will Religious Organizations Choose Not to Discriminate?

Leading church-state scholar Marci A. Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.

California Considers Bill to Regulate (But Not Prohibit) Child Marriage

Cornell University law professor Sherry F. Colb comments critically on a California bill that would regulate (but not prohibit) child marriage. Colb argues that the law, which in its current proposed form would allow parents and courts to give consent for a minor child to marry, disregards important norms about children’s rights and the importance of real consent to a sexual relationship.

Some Aspects of the Matal v. Tam Trademark Case That Would Have Benefitted from More Explanation

Illinois Law dean and professor Vikram David Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.

There Actually Are Some Good Tax Reform Ideas Out There

George Washington law professor and economist Neil H. Buchanan continues his discussion of tax reform, suggesting that a starting place for meaningful reform would be to tax wealth more effectively, tax unrealized gains, and eliminate the preferential tax rates for investment income. Buchanan points out that even modest changes in these areas would significantly address the problem of growing economic inequality in our country.

Can a Presidential Candidate Get Away With Defamatory Lying?

Cornell University law professor Michael C. Dorf analyzes the arguments made by Donald Trump’s lawyers in defending against Summer Zervos’s defamation suit against him, specifically the argument that Trump’s comments were mere “hyperbole” and “fiery rhetoric,” which, in the context of a presidential campaign, do not amount to defamation under state law. Dorf argues that existing law already offers politicians some protections against frivolous lawsuits, and what Trump’s lawyers are asking for is essentially a license for a candidate to lie about anyone and anything so long as the controversy has some connection to politics.

Distractions and Non-Issues in the Tax Reform Debate

In this first of a series of columns on tax reform, George Washington law professor and economist Neil H. Buchanan describes a few items that should not be seriously considered in attempting to improve the status quo. Buchanan argues that the notion of a complete overhaul of the tax code, and the proposal that the tax code should be “simpler,” ignore important considerations and distract from real issues.

Altemeyer on Trump’s Supporters

John W. Dean, former counsel to President Richard Nixon, relates the research and words of psychology professor Bob Altemeyer as the latter explains how difficult it would be to change the minds of supporters of Donald Trump. Based on Altemeyer’s observations, Dean proposes the only way for Democrats to succeed in 2018 and 2020 is to focus on getting sympathetic non-voters—who outnumber right-wing authoritarians in the general population—to the polls.

Trinity Lutheran Church v. Comer at the Supreme Court: Be Careful What They Wish For

Marci A. Hamilton, a leading church/state scholar and Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, comments on the U.S. Supreme Court’s recent decision in Trinity Lutheran Church v. Comer, which Hamilton argues reflects a common-sense application of existing jurisprudence on the Free Exercise Clause. Hamilton laments that legislators are not acting with the same level of common sense as they develop and interpret dangerous Religious Freedom Restoration Acts.

When Should Encouraging Suicide Be a Crime?

Cornell Law professor Sherry F. Colb comments on a recent tragic incident in which a young man committed suicide under the encouragement via text message by his girlfriend. Colb considers whether her conviction by a Massachusetts judge of involuntary manslaughter was appropriate and just, and discusses some of the issues that her conviction raises, including free speech, the right to die, and traditional conceptions of causation and responsibility.

Independence Day: The Texas Supreme Court Refuses to Hold That the Federal Constitutional Right of Same-Sex Couples to Marry Has Full Force in Texas

SMU Dedman School of Law professors Joanna L. Grossman and Dale Carpenter comment on a recent decision by the Texas Supreme Court in which it refuses to give effect to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which recognized a constitutional right of same-sex couples to marry. Grossman and Carpenter explain why the Texas court’s decision was clearly wrong and why factors other than merits might have (though they should not have) affected the ruling in that case.

Puzzles About Police Violence

Cornell University law professor Joseph Margulies considers why it is so difficult for people to have productive conversations about police shootings. Margulies calls upon us to ask not whether an officer involved in a shooting is a monster or a hero, but instead whether tomorrow we can do better.

A Summary and Analysis of the Nixon Tapes Case That Still Governs Important Aspects of “Executive Privilege” Today

Illinois Law dean and professor Vikram David Amar explains the U.S. Supreme Court’s seminal decision in United States v. Nixon and explains how it might affect the Trump administration in light of various ongoing investigations. Amar provides a brief summary of the Court’s holding in that case, calls attention to some weaknesses in its reasoning, and anticipates what issues might present themselves again.

Summarily Reversed: Arkansas’s Attempt to Flout Obergefell v. Hodges Is Blocked

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent summary reversal of the Arkansas Supreme Court’s ruling that upheld that state’s attempt to avoid the marriage equality decision in Obergefell v. Hodges. Grossman describes the ways in which some states, such as Arkansas in this case, have tried to avoid, subvert, or limit Obergefell’s holding, and she discusses the Supreme Court’s simple yet clear response, as well as the significance of Justice Gorsuch’s dissent from the per curiam opinion.

Doing Nothing About Taxes Is Better Than What Republicans Want to Do

Neil H. Buchanan, a George Washington law professor and economist, argues that the tax code status quo (imperfect as it is) is better than the changes Republicans are proposing to make. Buchanan explains the difference between the marginal tax rate and the effective tax rate and how Republicans focus only on marginal tax rates in order to mislead the public.

Trump’s Travel Ban Heads to the Supreme Court

Cornell University law professor Michael C. Dorf discusses possible implications and outcomes of the Supreme Court’s recent announcement that it will review the appeals court decisions invalidating President Trump’s travel ban executive order. Dorf explains the issue of mootness and also explains how one might predict how the Court will rule on the merits of the case.

The Silence of the Children (Locked Away in the Secret Archives of the Archdiocese of New York City)

Marci A. Hamilton—a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA—explains why the New York Senate refuses to take up the issue of the Child Victims Act, which would reform the state’s antiquated child sex abuse statutes of limitations. Hamilton points out that none of the arguments against reform actually hold water and that the real reason lies in the secrets contained in the Secret Archives.

Donald Trump: The Art of the Fight

John W. Dean, former counsel to President Richard Nixon, describes President Trump’s lifelong history of being in fights—with wives, business partners, vendors, tenants, the news media, and countless others. Dean argues that Trump’s fight tactics include lying, cheating, and seeking to intimidate—skills he likely learned from New York City attorney Roy Cohn.

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 Co... more

Neil H. Buchanan
Neil H. Buchanan

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

Sherry F. Colb
Sherry F. Colb

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

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... 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 Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing 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... 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