Are Long Death Penalty Delays Unconstitutional?

Cornell University law professor Michael Dorf considers whether long delays in carrying out capital punishment render the practice unconstitutional. Dorf responds specifically to an argument put forth by the late Justice Scalia that execution delays are chiefly the result of the extensive procedures that the Court’s liberals have required for carrying out an execution.

Blue for Boys, White With Flowers for Girls: When Commencement Is an Exercise in Discrimination

Hofstra University law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a high school policy prescribing one color of robes for boys and another color for girls violates both the Equal Protection Clause of the Fourteenth Amendment and Title IX. Grossman and Bartlett describe how this controversy could be easily resolved, as other schools have resolved other similar controversies.

A Room With a View: Federal Appeals Court Says School District Cannot Bar Transgender Boy from Using the Bathroom Aligned with His Gender Identity

Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Fourth Circuit holding that a school district cannot bar a transgender boy from using the boys’ restroom. Grossman explains the reasoning behind the appellate court’s decision and calls into question the rhetoric that single-sex bathrooms are somehow “sacred”—in light of the many scandals that take place in these places.

War Crimes in a Punitive Age

Cornell University law professor Joseph Margulies discusses the challenges of comprehensive criminal justice reform. Even for victims of wrongful detention and torture, he argues that war crimes prosecutions are not the answer. With an eye toward a crime-free society, Margulies presents a compelling argument as to why the current, punitive nature of our carceral state should be dismantled.

An Era of Unchecked Presidential Primaries

Former counsel to the president John W. Dean comments on the current role of the national political parties in presidential campaign politics. Dean argues that both Sanders and Trump illustrate candidates’ declining need for the support—financial or otherwise—of the national parties in order to excel in the primary process.

Rabbis With a Conscience Make History

Cardozo Law professor Marci Hamilton comments on a recent development in protections for child sex abuse victims’ access to justice: a letter signed by 62 Jewish rabbis and leaders calling for New York to pass the Child Victims Act, which would create access to justice for child sex abuse victims by eliminating and reviving expired statutes of limitations.

Two Courts, Two Interpretations

Igor De Lazari, Antonio Sepulveda, and Carlos Bolonha discuss a recent decision by the Brazilian Supreme Court affecting presidential impeachment procedures. The authors point out that the United States and Brazil have similar constitutional origins of impeachment proceedings but that the two countries diverge in interpreting and applying those provisions.

What Might a Mediator Do for the Parties to the Contraceptive Case in the Supreme Court?

Cornell University law professor Sherry Colb considers how the U.S. Supreme Court, acting as a mediator, might approach the parties in Zubik v. Burwell, a case currently before the Court in which the Court made the unusual request of supplemental briefing from the parties. Colb explains both the capabilities and limitations of transformative mediation as a method of resolving disputes.

Prosecutorial Discretion: The Dog That Didn’t Bark in the Immigration Oral Argument—Yet

Cornell University law professor Michael C. Dorf comments on the recent oral argument before the U.S. Supreme Court in United States v. Texas, a case involving a challenge to the Obama Administration’s deferred action immigration policy. Dorf points out that underneath the procedural questions actually before the Court in that case is a crucial unasked question: What is the scope of the president’s prosecutorial discretion not to enforce laws duly enacted by Congress?

Chilling Scientific Inquiry

Chapman University law professor Ronald Rotunda comments on several instances in which the government is chilling scientific inquiry into the question of global warming. Rotunda argues that the marketplace of ideas, rather than the subpoena power of government, should decide what is true or false.

The Puzzle of Reform, Part II

Cornell University law professor Joseph Margulies comments on the reason behind the particular configuration of criminal justice reform that we presently observe. Margulies argues that the pattern can be explained by the group-position thesis, which posits that racial attitudes are determined substantially by competition and conflict among racial and ethnic groups over resources, power, and status in society.

Game’s On: Big Leaguers Zimmerman & Howard Versus Al Jazeera

Former counsel to the president John W. Dean continues his discussion of the defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and by Washington Nationals infielder Ryan Zimmerman against Al Jazeera America (AJAM). Dean assesses defendant AJAM’s motions to dismiss both cases for failure to describe facts that give rise to a plausible entitlement to relief, a requirement under federal law.

A Safe Haven for Kody? Sister Wives Star Loses on Appeal, but Protected From Bigamy Prosecution in Utah

Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Tenth Circuit reinstating Utah’s criminal law banning bigamy. Grossman explains the facts leading up to the lawsuit, the holding of the district, and the reasoning behind the Tenth Circuit’s reversal.

Alcoholics and the Profession of Law

Chapman University law professor Ronald Rotunda comments on the prevalence of alcoholism among attorneys as compared to those in other professions. Rotunda urges lawyers with alcohol addiction problems and those who know such people to seek help from programs such as Lawyer Assistance Programs, which are available in nearly all U.S. jurisdictions.

Bucks County DA David Heckler’s Mixed Signals on Pennsylvania’s Statute of Limitations for Child Sex Abuse

Cardozo law professor Marci Hamilton examines the position Bucks County, Pennsylvania, District Attorney David Heckler has taken with respect to child sex abuse and sex assault victims. Hamilton points out that Heckler does not seem to truly support the protection of children, based on his role in the misleading statements about SOL in the Task Force Report, the delay in release of a grand jury report that supports SOL reform, and the failure to prosecute a Catholic priest accused of sexual abuse.

On Social Security, at the Very Least, the Dishonesty Is All on the Republican Side

George Washington University law professor and economist Neil H. Buchanan explains why, contrary to claims by Republicans, Social Security is not on the brink of bankruptcy or insolvency. Buchanan points out that even in the unlikely event of the worst case scenario—where the Social Security trust fund reaches zero—retirees would still receive modest benefits.

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