Hofstra University law professor Joanna Grossman discusses a recent decision by a New Jersey appellate court that she argues illustrates a pattern of courts erroneously failing to see the illegal and harmful stereotyping embodied in sex-specific dress codes.
Chapman University law professor Ronald Rotunda comments on the first of a wave of litigation sparked by the U.S. Supreme Court’s decision in Obergefell v. Hodges recognizing a constitutional right to same-sex marriage. Rotunda points out that in some cases, lower courts handling these cases have not adequately discussed or distinguished the relevant cases.
Cornell University law professor Sherry Colb discusses the sexism Donald Trump displayed during the night of the second Republican presidential debate. Colb points out that Trump’s words reveal his hateful and exploitative attitude toward women and is hopeful that people are prepared to vote accordingly.
University of Illinois law professor and dean Vikram David Amar comments on a recent decision by a federal district court in Arizona addressing a challenge to two parts of Arizona’s SB 1070 statute, which attempts to deal with immigration stresses in that state. Amar argues that the court’s reasoning on both claims was confused and unpersuasive and that the results should have been inverted. That is, Amar suggests that the court should have upheld the equal protection challenge to the “Show Me Your Papers” provision and rejected the First Amendment challenge to the Day Laborer provisions.
Cornell University law professor Michael Dorf discusses the second GOP presidential debate and the candidates' varied, often concerning, interpretations of the U.S. Constitution.
Cornell University law professor Joseph Margulies offers an overview of our current criminal justice system and proposes a philosophy essential for the implementation of its imperative transformation, improvement, and legitimacy.
Author and former counsel to the president John W. Dean discusses the second GOP presidential candidate debate of September 16, 2015—a major political event of the 2016 presidential election cycle.
Cardozo law professor Marci Hamliton comments on the quandary of at-risk children in religious groups like the ultra-Orthodox Jewish communities, and cautions against government and political rhetoric that exalts and protects such lifestyles.
Cornell University law professor Sherry Colb discusses an Ohio bill currently under consideration that would ban abortions motivated by the presentation of Down syndrome by an embryo or fetus. Colb argues that a woman’s right to make decisions over her bodily integrity includes the right to make a decision on a basis that some or most people might find offensive.
Hofstra University law professor Joanna Grossman discusses the evolving landscape of parentage law after the U.S. Supreme Court’s decision in Obergefell v. Hodges. Grossman argues that while Obergefell has opened up some new paths to parentage for same-sex couples, it has also closed off others that had been created as workarounds in a restrictive marriage regime.
Chapman University law professor Ronald Rotunda briefly describes the journey of women lawyers in America. Rotunda argues that while the direction has been generally forward, its progress is best described as “two steps forward, one step back.”
University of Illinois law professor and dean Vikram David Amar discusses an upcoming Supreme Court case in which the Court will consider to what extent consumer contracts that require disputes to be resolved by binding arbitration, rather than through formal litigation, are enforceable.
George Washington law professor and economist Neil H. Buchanan describes two cynical tactics by House Republicans to win the political debate over the debt ceiling: (1) redefining what it means to default, and (2) singling out the rich and Social Security recipients to receive their payments in full in the event of government default.
Cornell University law professor Joseph Margulies describes the latest challenge to criminal justice reform as the demonization of the #BlackLivesMatter movement.
Former counsel to the president John W. Dean comments on the recent news that a former aide to Hillary Clinton, Bryan Pagliano, is invoking the Fifth Amendment to avoid a subpoena seeking his testimony before several congressional committees.
Cornell University law professor Michael Dorf comments on the developing situation regarding Kim Davis—the Rowan County, Kentucky, clerk who refuses to grant same-sex marriage licenses—and argues that, with one possible exception, the courts were right to reject the legal claims put forward by Davis.
Cardozo law professor Marci Hamliton describes the 2016 Republican presidential candidates’ views on abortion and women and distinguishes them from the views of the Republican Party that made Justice Sandra Day O’Connor the first female Supreme Court Justice.
Hofstra University law professor Joanna Grossman comments on a recent Utah case where an unwed father forfeited his rights to contest the adoption of his child by not filing a paternity action. Grossman points out that this result is the product of balancing interests of unwed fathers against those of the child, mothers seeking to place children for adoption, and adoptive parents.
Cornell University law professor Sherry Colb discusses possible implications a ruling by the Court of Arbitration for Sport that a woman’s having a naturally high level of testosterone in her body is insufficient grounds for barring her from competing in women’s athletics.