Analysis and Commentary Posted in 2013-11

Sperm Donors on the Large and Small Screen

Justia columnist and Hofstra law professor Joanna Grossman comments on instances of real-life and fictional complications regarding sperm donation. The fictional story is told through the Vince Vaughan film Deliveryman. The real-life stories are told on a new MTV show, Generation Cryo, which depicts the quest of a teenage girl to meet her fifteen half-siblings and the anonymous sperm donor responsible for all of their conceptions.

Who Benefits From Filibuster Reform?

Justia columnist and Cornell law professor Michael Dorf explains the politics behind filibuster reform, in the wake of the elimination of the rule requiring a supermajority vote to end debate—and thus to move to a merits vote—on presidential nominations to the lower federal courts and executive offices.

Can a Trial Court, Consistent with the First Amendment, Order an Attorney to Take Down Part of Her Website During Trial?

Justia columnist and attorney Julie Hilden comments on a recent case in which a judge ordered an attorney to take down that part of her website regarding prior, similar victories. The judge reasoned that jurors might see the website, but Hilden notes that jurors in the case were admonished not to go online. Accordingly, Hilden contends that the judge erred in directing the lawyer to change the site.

How the Supreme Court Unwittingly Legitimized Richie Incognito’s Unlawful Conduct

Justia columnist and Cornell law professor Michael Dorf comments on the legal and other aspects of the incidents by which Miami Dolphins offensive lineman Richie Incognito bullied and racially harassed his teammate Jonathan Martin, to the point that Martin left the team. Dorf also notes that, interestingly, several U.S. Supreme Court cases are relevant to the controversy regarding Incognito’s behavior.

Teens and Online “Eraser” Laws: Good Intentions, but the Wrong Approach?

Justia columnist and U. Washington law professor Anita Ramasastry comments on a Utah bill that, if passed, would allow teens to erase their social-media footprints permanently. Ramasastry notes that teens can have their juvenile criminal records sealed, and can repudiate contracts they have signed. Thus, she notes, there are precedents under which minors are treated differently from adults under the law. Ramasastry also covers related events in California, and notes that we should focus, too, on how social-media postings can, and cannot, be able to be legally used in the future, especially when jobs and credit are concerned.

Hawaii Comes Full Circle on Same-Sex Marriage

Justia columnist and Hofstra law professor Joanna Grossman chronicles Hawaii’s role in the same-sex marriage controversy—including its being the site of the beginning of the modern battle over same-sex marriage, although back then, Hawaii did not itself legalize same-sex marriage. But as Grossman notes, 20 years later, Hawaii now finally has legalized same-sex marriage, thus closing the circle. She also explains why Hawaii’s action should never have had the impact it did, given the proper interpretation of the Full Faith and Credit Clause.

There Is Really Only One Issue in Town of Greece v. Galloway

Justia columnist and Cardozo law professor Marci Hamilton comments on the recently argued Supreme Court case that asks whether it is constitutional for a small town to open its town council meetings with prayer. Hamilton’s conclusion is that the case ultimately turns on a single factual question: Can there be, in 21st Century America, such a thing as a “nonsectarian” prayer? The short answer, according to Hamilton, is “No way.”

ENDA and the Rainbow Workforce

Justia columnist and Hofstra law professor Joanna Grossman comments on the U.S. Senate’s passage of the Employment Discrimination Act (ENDA) of 2013, which would prohibit employers from discriminating on the basis of sexual orientation or gender identity. Although the measure is not predicted to survive the House, Grossman contends that its passage in the Senate is noteworthy and encouraging.

Should a Public Middle School Grammar Teacher Be Able to Teach a Lesson About the “N Word”?

Justia columnist and attorney Julie Hilden comments on a case from the U.S. District Court of the Northern District of Illinois, which involved a public school grammar teacher who—after intercepting a student's note that included rap music lyrics—continued the discussion, which then moved on to the use of the “N Word.” Hilden argues that the teacher should not have been suspended without pay as a result of the “N Word,” the use of which, by a teacher, in context, should not have resulted in the teacher's punishment.

A Breakdown of this Week’s Supreme Court Oral Argument in the Town of Greece v. Galloway Case Involving Prayer at Town Board Meetings

Justia columnist and U.C. Davis law professor Vikram David Amar, and Justia guest columnist and U.C. Davis law professor Alan Brownstein comment on the Supreme Court oral argument in the Town of Greece Establishment Clause case. As Amar and Brownstein explain, the case involves the interesting issue of the constitutionality of prayer at town board meetings.

Will Extreme Conservatives Ever Break With Ultra-Extreme Conservatives?

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on possible fault lines within the Republican party, specifically affecting extreme and ultra-extreme conservatives. Buchanan also asks an interesting question: What would it take for supposedly “reasonable” conservatives finally to give up on the extreme modern Republican Party? And, on a personal note, Buchanan describes the changes in political leanings in his own family as they related to changes in the Republican Party.

The Warrant Requirement for GPS Tracking Devices

Justia columnist and attorney David Kemp discusses a recent decision by the U.S. Court of Appeals for the Third Circuit requiring law enforcement officers to have a valid warrant before installing a GPS tracking device on a suspect’s vehicle. Kemp describes the facts of the case and the reasoning the court used to reach its decision. He argues that the court’s interpretation of the Fourth Amendment is not only correct, but also indicative of what is necessary to ensure that constitutional law keep up with the technology available to law enforcement.

Teaching Lawyers, And Others, To Be Leaders

Justia columnist and former counsel to the president John Dean draws upon Stanford law professor Deborah Rhode’s book Lawyers as Leaders to comment upon, among other leadership topics, the remarkable failure that he argues that we are seeing in both contemporary Washington lawyers and also in our political leaders. Dean praises Rhode’s strongly documented book as far transcending the typical banal business book, and having a great deal to offer the reader.

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