Access to Justice for College Sex Abuse and Assault Victims

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why statute of limitations (SOL) reform for sex abuse and assault victims is necessary not only for children, but also for college students. Hamilton describes the nationwide epidemic of sexual abuse on college and university campuses and argues that SOL reform is the best way to ensure these victims have access to justice.

North Carolina Three-Judge Panel Smartly Uses the Room the U.S. Supreme Court in Rucho v. Common Cause Left for State Courts to Enforce State Constitutions

Illinois law dean and professor Vikram David Amar comments on a recent decision by a panel of state-court judges in North Carolina striking down partisan gerrymandering schemes as violating that state’s constitution. Amar had argued after the U.S. Supreme Court’s decision in Rucho v. Common Cause that state courts would have to address partisan gerrymandering on “independent and adequate state-law grounds” (rather than on federal constitutional grounds), which is exactly what the North Carolina court did.

Explaining Why Dairy Won’t Share the Word “Milk”

Cornell law professor Sherry F. Colb comments on a battle over what products may carry the label “milk.” Colb proposes that the dairy industry opposes plant-based milks (such as soy milk or almond milk) from identifying their products using the word “milk” not because of any real risk of confusing consumers or market harm, but as a show of dominance in response to exposed vulnerability.

When Friends Preside Over Weddings: Tennessee Fights the Online Ministers

SMU Dedman School of Law professor Joanna L. Grossman comments on a law recently passed (and challenged) in Tennessee that purports to prohibit ministers ordained online from presiding over marriages in that state. Grossman explains why the Tennessee legislature passed the law and why it is being challenged, and she points out that based on the judge’s questions during the proceedings, the state may ultimately have to show at trial how the law is rationally related to its legitimate regulation of entry into marriage—regardless of whether it burdens the free exercise of religion.

Can the FDA Regulate Vaping as an Ethical Alternative to Tobacco Cigarettes?

Clinical bioethicist Charles E. Binkley and attorney David S. Kemp consider whether—and how—the Food and Drug Administration might reasonably regulate vaping devices, also known as electronic nicotine delivery system (ENDS), so that they can serve as an ethical alternative to combustible tobacco products. Specifically, Binkley and Kemp and call for further longitudinal data on the risks and benefits of ENDS and propose certain contingencies that must be in place before ENDS can serve as a viable replacement for conventional combustible tobacco products.

Free College: This Country’s Best Investment in Its Own Future

University of Florida Levin College of Law professor and economist Neil H. Buchanan explains why providing free college tuition for all students is the best investment the United States can make in its own future. Buchanan addresses several of the most common arguments against free college tuition, arguing that they purely moralistic objections that do not hold up to scrutiny.

Three Observations About the (Limited) Impact of the Tenth Circuit’s Recent Decision (in Baca v. Colorado Department of State) Concerning “Faithless” Electors in the Electoral College

Illinois law dean and professor Vikram David Amar offers three key observations about a recent decision by the U.S. Court of Appeals for the Tenth Circuit concerning “faithless” electors in the Electoral College. Specifically, Amar explains why the potential impact of the decision on the National Popular Vote movement is most likely limited, not extensive.

Could a Faithless Elector Ruling Doom an Attempt to Circumvent the Electoral College?

Cornell law professor Michael C. Dorf considers whether a possible Supreme Court ruling in a “faithless elector” case from the U.S. Court of Appeals for the Tenth Circuit could end the National Popular Vote (NPV) movement, which attempts to circumvent the Electoral College by interstate compact. Dorf provides a short background of NPV and the Tenth Circuit’s decision, and he explains why a decision by the Court decides to affirm the Tenth Circuit’s reasoning would threaten NPV.

Thinking About the Brain

UNLV Boyd School of Law professor Leslie C. Griffin responds to Professor Patricia Churchland’s book, Conscience: The Origins of Moral Intuition, offering contrasting views on morality. While Griffin recommends reading the book, she offers a differing view from that of the author, arguing that the physical brain can and does give rise to reason-centered moral rules to ethics.

Elections, the Economy, and Trump: Part Two, the False Choice Between Our Economy and Our Soul

In this second of a two-part series of columns, University of Florida Levin College of Law professor and economist Neil H. Buchanan argues that Americans do not have to—and should not—support Trump simply because he claims (erroneously) to have revitalized the economy. Buchanan argues that for a voter to cast a vote purely on account of a perceived improved economy would require her to devalue every other issue—effectively selling the country’s soul.

Is Physical Liberty an Important Right?

Cornell law professor Sherry F. Colb comments on a decision the U.S. Supreme Court issued toward the end of the last term, in which a majority of the Court ruled that as long as police have probable cause for an arrest, it does not matter if their actual motivation for arresting someone violates the person’s First Amendment rights. Colb considers whether such pretextual, speech-based arrests are a problem, how they differ from other pretextual arrests, and how the ruling in this case resembles the law of a seemingly different area—post-conviction incarceration for convicted criminals.

Elections, the Economy, and Trump: Part One

In this first of a two-part series of columns, University of Florida Levin College of Law professor and economist Neil H. Buchanan responds to the claim that President Trump is helping the U.S. economy. Buchanan argues that beneath the “somewhat good” aggregate numbers, most people in this country are suffering genuine damage, including not having health care insurance and being perpetually on the verge of financial ruin.

Out Trumping Trump: Democrats Join the Attack on Courts but the United States Won’t Be Better for It

Guest columnist Austin Sarat—Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—expresses concern that Democrats are joining President Trump in undermining the public’s trust in the judiciary. Sarat specifically discusses an amicus brief filed with the U.S. Supreme Court by five Democratic senators in which the senators criticize the bias and partisanship of the Court’s conservative justices.

The Fifth Circuit Pushes Pre-Enforcement Review Too Far in Barring the EEOC from Publishing Guidance on Title VII’s Regulation of Ex-Convict Employment Bars

NYU law professor Samuel Estreicher comments on a recent decision by the U.S. Court of Appeals for the Fifth Circuit, in which that court enjoined the Equal Employment Opportunity Commission (EEOC) from publishing its guidance on the applicability of Title VII’s disparate impact analysis to employers’ use of criminal records in hiring decisions. Estreicher explains why the federal appeals court was incorrect in holding that the EEOC violated the notice-and-comment procedures for rulemaking under the Administrative Procedure Act.

Why Challenges to California’s Tax-Return-Disclosure Law Should Fail (Putting Aside Whether They Will)

Illinois law dean and professor Vikram David Amar comments on the Trump administration’s recent legal challenge to California’s law that denies ballot access to presidential candidates who have chosen not to release their tax returns. Without opining as to whether that challenge is likely to succeed or whether it is a good idea for states to enact such laws, Amar explains why, as a normative matter, the arguments in favor of striking down the law are misplaced, or at the very least, overly simplistic.

Sorry Studies

Illinois Law professors Lesley Wexler and Jennifer Robbennolt respond to a recent op-ed by Professor Cass Sunstein, in which Sunstein suggests that an apology is a risky strategy for a public figure seeking election or re-election. Wexler and Robbennolt point out three troubling aspects of Sunstein’s op-ed and argue that rather than abstain from giving apologies altogether, perhaps public figures should study apologies and learn how to give—and live—a good one.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

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

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

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

Lesley Wexler
Lesley Wexler

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