Cornell University law professor Michael C. Dorf uses the refusal of private internet domain registrars to do business with neo-Nazi website The Daily Stormer to illustrate the need for a change in the law. Dorf acknowledges that in the case of The Daily Stormer, no rights were violated, and the companies acted within their terms of service. However, Dorf argues that Congress should impose obligations to respect freedom of speech on companies that provide essential internet services to avoid the future possibility that such private companies stifle speech of worthy organizations and legitimate causes.
George Washington law professor and economist Neil H. Buchanan warns of the false distinction between being racist and supporting racist policies. Buchanan points out racism is not limited to those marching with Nazis and Klansmen; to consistently support policies that invariably harm disadvantaged people is its own form of racism and is itself reproachable.
Cornell University law professor Joseph Margulies comments on the announcement by the White House that it would expand the U.S. prison at Guantanamo. Margulies describes the role that Guantanamo has taken on—including its extremely high cost of operations—and the symbolic role it has for Donald Trump and his supporters.
Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, minces no words in criticizing President Trump’s taking sides with neo-Nazis and supporters of the KKK. Hamilton calls upon everyone to make known where they stand—either with Trump in betraying fundamental American values, or on the side of decency.
Cornell University law professor Sherry F. Colb explains the meaning behind an Alabama law governing minors who wish to have an abortion but are unable or unwilling to get their parents’ consent. Colb argues that the law was correctly struck down in federal court, but that the message the law’s passage sends is clearly hostile to women’s right to abortion.
Chapman University Fowler School of Law professor Ronald D. Rotunda explains his legal conclusion in the opinion letter he authored for Ken Star regarding the ability of a federal grand jury to indict a sitting president. Rotunda points out that the key difference between then and now is the presence of a special prosecutor statute protecting independent counsel from removal.
Illinois Law dean and professor Vikram David Amar comments on the recent indications that the Trump Justice Department will investigate and possibly sue colleges and universities that make use of race-based affirmative action. Without expressing views as to the merits of pending lawsuits, Amar explains how one can simultaneously support race-based affirmative action and oppose the so-called “Asian penalty”—that is, systematically requiring Asian American applicants to have higher scores than white applicants.
Cornell University law professor Michael C. Dorf highlights some potentially dangerous consequences of the Justice Department’s recent indication that it would be investigating and suing colleges and universities that practice affirmative action. Dorf points out that the executive branch holds significant power over both public and private universities and colleges, and that it could exercise that power to induce significant changes in admissions policies.
Illinois Law professor Lesley Wexler explains why the U.S. military would benefit from strengthening its pro-dignity and anti-discrimination norms, rather than implementing divisive discriminatory policies such as President Trump’s recent tweet regarding transgender service members. Wexler points to concrete ways inclusivity fortifies the military and calls upon leadership to embrace inclusive policies.
Cornell University law professor Joseph Margulies describes the remarkable transformation of Phillips, a community in Minneapolis, from “Murderapolis” to a thriving, vibrant, safe community. Margulies uses this example to point out that when police and communities they serve work together effectively, truly positive change can emerge.
Leading church-state scholar Marci A. Hamilton describes the Trump Administration’s aggressive attempts to marginalize and discriminate against LGBTQ individuals. Hamilton points specifically to Attorney General Jeff Sessions and Trump’s personal lawyer Jay Sekulow as the sources of this agenda.
Cornell University law professor Sherry F. Colb comments on the controversy over Charlie Gard, an infant in England who was born with a rare genetic condition that is typically fatal in infancy or early childhood. Colb describes the legal journey of Charlie Gard and his parents and proposes ways in which the laws in the United Kingdom and the United States might inform each other.
SMU Dedman School of Law professor Joanna L. Grossman and Chicago-Kent College of Law professor Anthony Michael Kreis comment on a brief recently filed by the U.S. Department of Justice arguing that Title VII of the Civil Rights Act of 1964 does not protect against sexual orientation discrimination. Grossman and Kreis point out the flaws in the DOJ’s arguments and explain the dangerous consequences its position will have if it prevails.
Illinois Law professor Lesley Wexler explains the significance of the Canadian government’s recent settlement with and apology to Omar Khadr, a 15-year-old Canadian member of al-Qaeda who fought against the United States in Afghanistan. Wexler explains that while a majority of Canadians oppose the settlement, Prime Minister Trudeau has chosen to pay the political and economic price for his predecessor’s decision to allow Canadian interrogators to participate in the Guantanamo regime and for his refusal to seek Khadr’s return to Canada.
George Washington law professor and economist praises Democrats for coming up with a message that preserves the party’s commitment to social justice issues, rather than attempting to woo Trump voters by appealing to what Trump appealed to. Buchanan cites evidence supporting the argument that Democrats can retake the House in 2018 without sacrificing principles to win back Trump voters, by instead focusing on those who didn’t vote in 2016.
Illinois Law dean and professor Vikram David Amar argues, contrary to the consensus of legal pundits, that President Trump likely does not have to dispose of Attorney General Jeff Sessions in order to fire Special Counsel Robert Mueller. Amar provides three reasons for his conclusion that the disposition of Sessions is beside the point in the president’s war against Mueller, but he points out that there are more downsides to getting rid of Sessions (for Trump) than there are upsides.
Cornell University law professor Michael C. Dorf argues that if President Trump were to pardon himself, that action itself would not cause a constitutional crisis, but other actions Trump has already taken have already placed us far along a road to a constitutional crisis. Dorf defines a constitutional crisis in terms of three types first articulated by Sanford Levinson and Jack Balkin in a 2009 law review article, and Dorf proposes a fourth type characterized by defiance of unwritten norms that are not themselves legal obligations but that undergird the constitutional system as a whole.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by the Idaho Supreme Court taking a narrow view of the parental rights of lesbian co-parents. Grossman explains the background of that case and the patchwork of laws state courts across the United States use to reach inconsistent, and often unpredictable, results with respect to the parental rights of unmarried same-sex partners.
Cornell University law professor Joseph Margulies comments on an aspect of police violence that gets relatively less attention: violence against the police. Margulies argues that the solution to this infrequent but significant problem is to change what society asks police to do.
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.