What Would a New Constitutional Convention Look Like? Two Dozen Unanswered Yet Crucial Questions

Illinois law dean and professor Vikram David Amar discusses the possibility of a federal constitutional convention to propose fundamental revisions to the document. Amar points out that many fundamental legal questions about such a convention remain unanswered and highlights 24 important questions that will need to be considered if a constitutional convention seems imminent.

The Latest Report on Institution-based Sex Abuse Is Issued on the United States Olympic Committee’s Failures

Marci A. Hamilton—the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania—comments on the most recent report on child sex abuse, which was commissioned by the US Olympic Committee and focuses on the Dr. Larry Nassar scandal. Hamilton points out that scandal after scandal should make clear to the public that we have a systemic problem that is cultural, not isolated.

Double Jeopardy Case in Supreme Court is About More than Trump

Cornell law professor Michael C. Dorf discusses the double jeopardy question raised in Gamble v. United States, in which the US Supreme Court heard oral arguments last week, and explains how the extraordinary nature of the Trump presidency should inform judicial decision making. Building upon a point made in a 1985 Columbia Law Review article by Professor Vincent Blasi, Dorf argues that judges construing the Constitution and other legal texts in perilous times such as these should keep in mind that the rules they adopt will also operate in normal times.

Abuse Victims Still Don’t Get Justice

UNLV Boyd School of Law professor Leslie C. Griffin criticizes the recent order by the Pennsylvania Supreme Court to permanently redact the names of eleven priests from the grand jury report on sexual misconduct by the clergy in six Pennsylvania Roman Catholic dioceses. Griffin argues that the redaction undermines the purpose of the grand jury report to promote openness and sends the negative signal to survivors that the court will protect their abusers.

Department of Labor Secretary Alexander Acosta Must Go

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains the role of Labor Secretary Alexander Acosta in allowing multi-millionaire Jeffrey Epstein to plead guilty to a mere 13-month sentence despite evidence he had abused dozens of girls in his home in Palm Beach. Hamilton argues that Acosta should not be in any position of power, but particularly not one such as Labor Secretary, where the welfare of children or trafficking victims is at stake.

The Politics of Interpreting a Drop in Abortion Rates

Cornell law professor Sherry F. Colb discusses a recent report from the Centers for Disease Control that reflects a decrease in the rate of abortions in the United States. Colb explores the various reasons why this might be the case, illustrating how such reasons might differ between pro-life and pro-choice perspectives, as well as offering her own take on the report's findings.

At Least for Now, Women Have Reproductive Rights

SMU Dedman School of Law professor Joanna L. Grossman discusses a recently introduced Ohio bill that would ban abortion, regardless of circumstances. Grossman notes that while this bill may not ever be signed into law, a growing trend in recent years has seen many nearly as extreme bills become law in other states. Grossman argues that federal courts will follow Supreme Court precedent and hold most of these recently passed abortion bills invalid but cautions that the Supreme Court’s increasingly conservative lineup of justices may one day invalidate existing precedent, paving the way for the passage of similar bills.

CNN is Wrong on Marc Lamont Hill

Cornell law professor Joseph Margulies discusses a comment within a speech by Professor Marc Lamont Hill that sparked recent controversy and led to his termination as a political commentator at CNN. While critics claim Professor Hill’s speech implied a desire for the complete and total destruction of the State of Israel, Margulies argues that focusing on one line in a much longer speech is insufficient to glean the true meaning behind Hill’s message.

Assessing the Challenge to Maine’s Ranked-Choice Voting System for Congressional Elections

Illinois law dean and professor Vikram David Amar discusses a legal challenge to Maine’s Ranked-Choice Voting system, filed by a Republican incumbent and three Republican Maine voters following the November 2018 mid-term election. Amar breaks down the crux of the lawsuit while also unpacking the logistics of a rank order voting system like Maine’s. Providing examples of how rank order voting could work in presidential elections, Amar uses illustrations of past election results to highlight how their outcome might have differed under such a voting system while addressing such a system's limitations.

Assessing the Aftermath of President Hillary Clinton’s 2018 Midterm Super-Shellacking

George Washington law professor and economist Neil H. Buchanan revisits his exploration of how vastly different U.S. government and politics might look today if Hillary Clinton had won the presidential election in 2016. In this alternate history, Buchanan points out how Republicans might use extreme tactics to undermine a Democratic president and discusses in what ways the 2018 midterm elections may have had a drastically different outcome.

A Sharp Backward Turn: Department of Education Proposes to Protect Schools, Not Students, in Cases of Sexual Violence

In this second of a two-part series, SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake revisit Title IX and the Department of Education’s proposal to rework how sexual assault and harassment claims are addressed by educational institutions that receive federal funds. Grossman and Brake argue that the Department’s proposed changes will ultimately result in a chilling effect on victims of sexual harassment coming forward and reporting their abuse.

The Department of Education’s Title IX Power Grab

Cornell law professor Michael C. Dorf discusses the Department of Education’s recent Notice of Proposed Rulemaking rules requiring due process protections for those accused of sexual assault or harassment in Title IX cases. Dorf provides a history of Title IX, explaining how the Obama administration issued guidance and instituted reforms to how institutions should approach addressing allegations of such conduct. He acknowledges the Department of Education's shift in policy under the Trump administration that led to its proposed rulemaking issuance, and argues that the Department only has the authority to permit these additional due process protections in most instances, rather than outright require institutions to adhere to them.

Unpacking Cambodia’s Nuremberg Moment

Illinois law professor Lesley Wexler reports on the genocide convictions recently handed down by the Trial Chamber of the Extraordinary Chambers in the Courts of Cambodia after trials concluded over crimes committed during the Khmer Rouge regime. Wexler suggests three main takeaways of the rulings, including how the determination of genocide is beneficial to many victims in Cambodia, a reminder about how international legal entities define genocide in the context of this and other human rights atrocities, and a breakdown of the crucial importance of reparations to the Cambodian people.

A Sharp Backward Turn: Department of Education Proposes to Undermine Protections for Students Against Sexual Harassment and Assault

SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake discuss a proposal by the Department of Education that would roll back Obama-era guidance on how claims of sexual assault and harassment are handled by educational institutions that receive federal funding. In part one of this two-part series, Grossman and Brake provide historical background on Title IX, explain regulations implemented during the Obama administration, and touch on how the Trump administration’s rollback may affect student victims of sexual assault and harassment.

The Whistleblowers

Boston University law professor Tamar Frankel unpacks the nuanced layers of whistleblower law. Frankel describes the two main legal sources that deal with whistleblowers in the United States, as well as the process by which a retaliated against whistleblower-employee may seek protection and relief. Frankel also explores the various objections to protecting whistleblowers, noting how problems may arise in the event that an employee whose employment was terminated as a result of whistleblowing activities is reinstated to their former position via the court system.

Rape and Confessions

Cornell law professor Sherry F. Colb explains how a better understanding of consent in a police interrogation context can inform our understanding of consent in a sexual context. Colb argues that the solution to both is to educate everyone more effectively about what will and will not successfully make things (the interrogation or the sexual activity) stop.

Why California Cannot Dictate to Whom the Federal Government Sells Federal Lands

Illinois law dean and professor Vikram David Amar explains why a federal district court was correct in ruling that a California law that seeks to discourage the transfer of federal lands to private parties violates principles of federal supremacy under the Constitution. Amar addresses the two arguments California made in defense of the law and points out that under long-standing precedent, states cannot single out federal entities for discriminatory regulatory treatment.

How Bad Will Things Become? Part Seven: Goodbye, New Deal and Great Society?

GW law professor and economist Neil H. Buchanan continues his series of columns considering how much damage the US Supreme Court will inflict after Justice Anthony Kennedy’s retirement. Drawing upon the nation’s experience with a conservative Court during the Lochner era, Buchanan predicts that one of the most consequential results of Republicans’ theft of a Supreme Court seat could be to seriously undermine one or more of Social Security, Medicare, and Medicaid.

Tension Between the Vatican and American Bishops Over Next Steps in the Clergy Sex Abuse Crisis: Could We See the Beginning of a Schism?

Marci A. Hamilton—the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania—describes the growing tension between the Vatican and American Bishops with respect to clergy sex abuse and considers whether a schism might be imminent. Hamilton refers to and draws upon a column she wrote in 2002, in which she argued that disagreement between American bishops and the Vatican over the correct path for dealing with clergy sex abuse was foreordained.

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 is an economist and legal scholar and a Professor of Law at The George... 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

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School... more

Lesley Wexler
Lesley Wexler

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