Former counsel to the president John W. Dean comments on the current role of the national political parties in presidential campaign politics. Dean argues that both Sanders and Trump illustrate candidates’ declining need for the support—financial or otherwise—of the national parties in order to excel in the primary process.
Cardozo Law professor Marci Hamilton comments on a recent development in protections for child sex abuse victims’ access to justice: a letter signed by 62 Jewish rabbis and leaders calling for New York to pass the Child Victims Act, which would create access to justice for child sex abuse victims by eliminating and reviving expired statutes of limitations.
Igor De Lazari, Antonio Sepulveda, and Carlos Bolonha discuss a recent decision by the Brazilian Supreme Court affecting presidential impeachment procedures. The authors point out that the United States and Brazil have similar constitutional origins of impeachment proceedings but that the two countries diverge in interpreting and applying those provisions.
Chapman University Law professor Ronald Rotunda comments on the law in a majority of states requiring car manufacturers to sell through dealers. Rotunda argues that Tesla Motors’ direct-to-consumer model is an excellent opportunity for the state and federal courts to invalidate laws such as these that exist only to favor entrenched economic interests.
Vikram David Amar, law professor and dean at Illinois Law, compares and contrasts the presidential impeachment procedures in the United States and Brazil. Amar suggests five ways in which these two large presidential democracies could benefit from more detailed study of the other’s procedures.
Cornell University law professor Sherry Colb considers how the U.S. Supreme Court, acting as a mediator, might approach the parties in Zubik v. Burwell, a case currently before the Court in which the Court made the unusual request of supplemental briefing from the parties. Colb explains both the capabilities and limitations of transformative mediation as a method of resolving disputes.
Cornell University law professor Michael C. Dorf comments on the recent oral argument before the U.S. Supreme Court in United States v. Texas, a case involving a challenge to the Obama Administration’s deferred action immigration policy. Dorf points out that underneath the procedural questions actually before the Court in that case is a crucial unasked question: What is the scope of the president’s prosecutorial discretion not to enforce laws duly enacted by Congress?
Chapman University law professor Ronald Rotunda comments on several instances in which the government is chilling scientific inquiry into the question of global warming. Rotunda argues that the marketplace of ideas, rather than the subpoena power of government, should decide what is true or false.
Cornell University law professor Joseph Margulies comments on the reason behind the particular configuration of criminal justice reform that we presently observe. Margulies argues that the pattern can be explained by the group-position thesis, which posits that racial attitudes are determined substantially by competition and conflict among racial and ethnic groups over resources, power, and status in society.
Former counsel to the president John W. Dean continues his discussion of the defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and by Washington Nationals infielder Ryan Zimmerman against Al Jazeera America (AJAM). Dean assesses defendant AJAM’s motions to dismiss both cases for failure to describe facts that give rise to a plausible entitlement to relief, a requirement under federal law.
Neil H. Buchanan, a law professor and economist at George Washington University, praises a bill proposed by Senator Elizabeth Warren that would simplify the filing of taxes. Buchanan explains why filing should be much simpler than it is and also why efforts to simplify the process have, to date, failed.
Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Tenth Circuit reinstating Utah’s criminal law banning bigamy. Grossman explains the facts leading up to the lawsuit, the holding of the district, and the reasoning behind the Tenth Circuit’s reversal.
Chapman University law professor Ronald Rotunda comments on the prevalence of alcoholism among attorneys as compared to those in other professions. Rotunda urges lawyers with alcohol addiction problems and those who know such people to seek help from programs such as Lawyer Assistance Programs, which are available in nearly all U.S. jurisdictions.
Cardozo law professor Marci Hamilton examines the position Bucks County, Pennsylvania, District Attorney David Heckler has taken with respect to child sex abuse and sex assault victims. Hamilton points out that Heckler does not seem to truly support the protection of children, based on his role in the misleading statements about SOL in the Task Force Report, the delay in release of a grand jury report that supports SOL reform, and the failure to prosecute a Catholic priest accused of sexual abuse.
University of Illinois dean and law professor Vikram David Amar explains how voters’ hands are tied when it comes to electing a vice president. Amar calls into question this widespread practice and considers whether we might improve the democratic process by changing it.
George Washington University law professor and economist Neil H. Buchanan explains why, contrary to claims by Republicans, Social Security is not on the brink of bankruptcy or insolvency. Buchanan points out that even in the unlikely event of the worst case scenario—where the Social Security trust fund reaches zero—retirees would still receive modest benefits.
Cornell University law professor Michael Dorf comments on a recent unusual order by the U.S. Supreme Court asking for supplemental briefing from the parties to the latest religious challenge to Obamacare. In contrast with other commentators who have described the order as “puzzling” or “baffling,” Dorf explains how the Court’s order resembles something federal district courts do on a routine basis: facilitate settlement of the dispute.
Cornell University law professor Sherry Colb analyzes Donald Trump’s recent statement—which he subsequently changed—that women who have abortions should be punished for doing so. Colb points out that this position is actually more logically coherent than the more conventional position taken by anti-abortion advocates that the provider be punished for performing an abortion.
Cornell University law professor Joseph Margulies describes the changes in the use of solitary confinement in Colorado—known there as administrative segregation. Margulies relates accounts of both inmates and prison officials.
John W. Dean, former counsel to President Nixon, explains why Republican presidential candidate Donald Trump is finding so much success in the Republican primaries. Dean argues that Trump is the prototypical authoritarian personality type leader, and his supporters are prototypical authoritarian personality type followers.