Analysis and Commentary Posted in 2014
Why “Blind” Grading Makes Good Sense, and Should Be Used More Extensively Outside of the Context of Law School Exams

Justia columnist and U.C. Davis law professor Vikram David Amar makes a strong case for using “blind” grading, which law school exams typically use, into contexts, such as the contexts of college and even high school exams.

The Great Inequality Debate, and the Reemergence of Distribution as a Respectable Subject of Discussion

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the subject of income inequality in America, now a key topic once again. Buchanan criticizes President Obama's belated embrace of equality, and the actions of those whom Buchanan describes as the self-styled pragmatists and centrists who dragged Democrats to the right.

Obamacare and Participation in Evil

Cornell law professor and Justia columnist Michael Dorf comments on the Supreme Court’s Obamacare/RFRA cases, which he notes present a number of important legal issues, as well as a fundamental question for any liberal democracy: To what extent should people be exempted from laws that they regard as requiring them to participate in evil?

A Battle Between A Rapper And A Notorious Former Cocaine Dealer Over Intellectual Property Rights Ends Up in a California Court

Justia columnist and attorney Julie Hilden comments on a recent California Court of Appeals decision that involved a rapper, and an infamous former cocaine dealer. The court held that a person’s name and public persona are First Amendment-protected if they incorporate significant creative elements, and thus count as a transformative use of the original name and/or persona. Hilden argues that the court was correct in its holding in the case.

“Bridgegate” Or “Bridgetgate”? And Other Unanswered Questions

Justia columnist and former counsel to the president John Dean comments on the serious and building scandal that New Jersey Governor and potential Republican presidential candidate Chris Christie has on his hands, regarding allegations that he and/or his staff knowingly used their power for political reasons—specifically to allegedly close two toll booth lanes onto the George Washington Bridge as an act of political retribution.

2013: The Year in Review for Child Sex Abuse Victims’ Access to Justice

Justia columnist and Cardozo law professor Marci Hamilton describes and comments on developments regarding justice for child-sex-abuse victims. Hamilton reports that, in 2013, the pace of the movement to procure justice for victims quickened remarkably. But there is also a negative development, Hamilton notes: religious groups have gone back to the drawing board to find new ways to protect themselves from the law in this area.

The Fortieth Anniversary of the Endangered Species Act and Plato’s Allegory of the Cave

Reflecting on the 40th anniversary of the Endangered Species Act last month, Justia columnist and Cornell law professor Sherry Colb contends that whether one considers this legislation from the political right or left, its anniversary should be a cause for reflection on its deep messages about the relationship between humans and other animals, and about relationships between and among humans as well.

Equality Still Elusive for Women in the Federal Workforce

Justia columnist and Hofstra law professor Joanna Grossman comments on the continuing gender inequality in the federal workforce. That inequality, in 2010, led the Equal Employment Opportunity Commission (EEOC) to convene a working group to “identify the obstacles that remain in the federal workplace that hinder equal employment opportunities for women.” Grossman comments on what they found, and how far—or near we are from the sexist world that the movie 9 to 5 depicted.

On Brain Death and Civil Rights

Justia columnist and attorney David Kemp discusses the tragic situation of Jahi McMath, the 13-year-old girl who was pronounced brain dead after surgery, and whose family sought to keep her on a ventilator despite that diagnosis. Kemp focuses on the federal civil rights lawsuit recently filed by the family. He argues that it is unlikely to succeed on the merits and that the family would be better advised to seek alternative means of answers and justice for their loss.

Some Political and Constitutional Questions Raised by Tim Draper’s “Six Californias” Plan to Split Up California

Justia columnist and U.C. Davis law professor Vikram Amar comments on Silicon Valley billionaire investor Tim Draper's proposed plan to divide up California into six separate states, on the ground that California’s diverse population and economies currently render the state nearly ungovernable. In this column, Amar spots and preliminarily analyzes some of the major issues that may arise regarding Draper's plan. (If and when the proposed measure successfully moves through various stages of the political process, Amar will likely offer a more detailed analysis of many of the questions that the plan raises.)

President Obama Should Not Put the Fed in the Middle of 2014’s Debt Ceiling Madness

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that, in the inevitable 2014 debt-ceiling fight, unless President Obama changes his approach, the Fed will be forced to spend enormous political capital defending the financial system. The damage that would then ensue, Buchanan notes, could take decades to fix, if it could be fixed at all.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... 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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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