Analysis and Commentary Posted in 2015-03
Forceps Delivery: The Supreme Court Narrowly Saves the Pregnancy Discrimination Act in Young v. UPS

Hofstra University law professor Joanna Grossman and University of Pittsburg law professor Deborah Brake discuss the U.S. Supreme Court’s recent decision in Young v. UPS, in which the Court resolved some issues over the scope of the Pregnancy Discrimination Act. In a second column, Grossman and Brake will comment on the implications of the ruling on other aspects of employment discrimination law.

State RFRAs and the Intent to Discriminate: Why the State RFRAs Are in Trouble

Cardozo Law professor Marci Hamilton discusses the danger of state RFRAs, particularly in light of Indiana’s recent passage of such a law. Hamilton cautions that such laws pose a serious threat to society and despite their name, do not “restore” nothing previously in laws.

What a California Proposal to Authorize the Killing of Gays Says About the Initiative Process and the First Amendment

UC Davis law professors Vikram David Amar and Alan E. Brownstein discuss the so-called “Sodomite Suppression Act”—a recently proposed California initiative. Amar and Brownstein argue that despite the clear illegality and immorality of the proposed initiative, many of the suggestions that the attorney who proposed it be punished or that the initiative process be altered to prevent these types of initiatives are themselves unconstitutional in some cases, and at best ill-advised in other cases.

Economic Libertarian Constitutionalism Never Really Died

Cornell University law professor Michael Dorf argues that modern constitutionalism supports economic libertarianism, due not only to judicial decisions but also the very structure of the Constitution. Dorf responds in part to a recent book review by Professor Suzanna Sherry, published in the March issue of the Harvard Law Review, that is highly critical of Professor Richard Epstein’s book The Classical Liberal Constitution.

The Seventh Circuit Injects Common Sense into Religious Liberty Debates with Official Committee of Unsecured Creditors v. Listecki

Cardozo law professor Marci Hamilton discusses the recent unanimous decision by the U.S. Court of Appeals for the Seventh Circuit holding that the Milwaukee Archdiocese is subject to the facially neutral bankruptcy laws against fraud during proceedings, despite its claims, based on free exercise arguments, to the contrary.

Reflections on the Oral Argument in the Arizona Independent Redistricting Commission Case: Some Interesting (and Disheartening) Features, Including Justice Kennedy’s Incomplete Description of U.S. History

U.C. Davis law professor Vikram David Amar comments on the recent oral argument in the Arizona Independent Redistricting case before the U.S. Supreme Court. In particular, he points out the lack of attention to the question of standing and Justice Anthony Kennedy’s overly (and erroneously) simplistic view of U.S. history.

Will Republicans Accidentally Increase Taxes on the Rich by Playing Another Game of Debt Ceiling Roulette?

George Washington law professor Neil Buchanan contends that Republicans’ use of the debt ceiling against President Obama in an attempt to achieve their policy goals could backfire and lead to an increase in taxes on the rich.

Did Federalism Rescue Obamacare?

Cornell University professor Michael Dorf discusses last week’s oral arguments in King v. Burwell, the case in which the U.S. Supreme Court is expected to decide the fate of the Affordable Care Act (Obamacare). Dorf contends that there are three distinct arguments through which the government could successfully defend the law if the Court finds the language of the statute unclear.

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 the Dwight D. Opperman Professor, Director, Center for Labor and Employment... 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