Analysis and Commentary Posted in 2015-11

The Angry Americans

Cornell University law professor Joseph Margulies calls on us to reflect on the intensifying attacks in the United States against Islam and against the Black Lives Matter movement. Margulies argues that the attacks derive from a common source and that much can be learned from examining them together.

The Opposite of ISIS Is the First Amendment, And Its Members Are Extremist Islamic Terrorists

Cardozo law professor Marci Hamilton argues that the First Amendment of the U.S. Constitution stands for the opposite of everything that ISIS stands for, and furthermore, that denying the religious roots of Islamic terrorists does a disservice both to peaceful Muslims and to the public at large. Hamilton points out that by identifying ISIS as religious extremists, we can better accept that they are dogmatic, unbending fundamentalists rather than mere political actors.

Though Obsolete, the Civil Union Continues to Mystify Courts

Hofstra University law professor Joanna Grossman discusses a decision by a New York trial court that illustrates the continuing confusion caused by the civil union, despite its obsolescence in light of the U.S. Supreme Court’s recent ruling in favor of marriage equality. Grossman provides a brief history of the civil union and its demise and critiques the reasoning and conclusion arrived at by the trial court in this case.

A Minimum Wage of Zero

Chapman University law professor Ronald Rotunda questions the practice of both the Hillary Clinton Campaign and Supreme Court Justice Sonia Sotomayor to employ unpaid interns. Rotunda argues that in both instances, the interns do not receive the type of training or education from the experience that is required in order for an unpaid internship not to violate federal labor laws.

Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty

Cornell University law professor Sherry Colb discusses the claim that IQ scores of minorities should be upwardly adjusted for the purpose of eligibility for the death penalty. Drawing upon an article on the issue by Robert Sanger, Colb argues that even if the practice of adjusting IQ scores were scientifically supported (which it is not), doing so for death penalty purposes constitutes invidious race discrimination in violation of the federal Constitution.

R.I.P. Fred Thompson, A Faded Type of Washingtonian

John W. Dean, former counsel to President Nixon, reflects on the life of former Senator Fred Thompson, who passed away from a recurrence of lymphatic cancer on November 1, 2015. Dean describes how he and Thompson met, when the latter served as minority counsel to the Senate Watergate Committee, and their repeated crossed paths over the following decades.

Waves Up, Presidential Candidates

Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues.

When Does Congress’s Recognition of an Injury Count to the Supreme Court? Standing and the Spokeo v. Robins Case

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, discuss Spokeo v. Robins, in which the U.S. Supreme Court will consider the nature of injury required for a plaintiff to avail herself of the federal court system. Specifically, Amar and Schaps describe the justices’ various perspectives on the issue and the possible origins and significance of these perspectives.

Does a President Actually Need to Know Anything?

George Washington law professor and economist Neil H. Buchanan considers the importance of a president himself (or herself) actually having deep knowledge of issues. Buchanan draws upon the presidencies of Reagan, both Bushes, Clinton, Obama, and others, in concluding that the president’s advisors are crucial in determining the tone of a president’s impact.

Are the “bin Laden” Memos the New Torture Memos?

Cornell University law professor Michael Dorf comments on the memoranda that supported the legality of the 2011 Navy SEAL raid on Osama bin Laden’s compound in Pakistan. Dorf argues that these “bin Laden” memos are, in at least one respect, as bad as the infamous “torture memos” that authorized the Bush Administration to use “enhanced interrogation” techniques on prisoners suspected of terrorism.

The Second Principle: The Demand for Even-Handed Justice

Cornell University law professor Joseph Margulies describes one of the bedrock principles of a legitimate criminal justice system: the obligation of government to be fair and even handed. Margulies describes several examples of how governments have fallen short in this respect and argues that without even-handed justice, there cannot be a truly legitimate criminal justice system.

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