Analysis and Commentary Posted in 2017-04
Mr. No-Government President Discovers the Government

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how the separation of powers built into U.S. democracy is working as it should to prevent abuses of power by, at this time, the executive. Hamilton points out that federalism—the balance of power between state and federal government—also plays a significant role in curbing abuses of power.

Texas Moves Toward Abolishing Wrongful Birth Suits

Cornell University law professor Sherry F. Colb comments on a Texas bill currently under consideration that would eliminate the “wrongful birth” cause of action. Colb defines wrongful birth and points out that while its opponents argue that it encourages abortion, it actually encourages forthrightness and honesty among physicians, which should already be the standard of conduct. In fact, Colb argues, it is not the availability of a lawsuit that “encourages” abortion so much as the fact of the severe disability and the toll that this could take on their lives as well as on the life of the child whose birth is under consideration.

Another New Federalism Flashpoint: State and Local Laws Targeting Entities that Assist in “Building the Wall”

Illinois Law dean and professor Vikram David Amar comments on recent actions by state and local governments to oppose federal policies, such as the immigration and the wall along the U.S.–Mexico border. Amar argues that these attempts likely run contrary to the Supremacy Clause of the U.S. Constitution by attempting to interfere with the execution of federal policy.

Democratic Roulette: Can France’s Two-Round Presidential Election System Contain a Populist Revolt?

Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, comments on the upcoming presidential election in France. Falvy explains the French election process, the contenders for the presidency, and the high stakes of the election.

Was Trump’s Bombing Syria Legal—And Does It Matter?

Cornell University law professor Michael C. Dorf comments on the legality of President Trump’s missile strike on a Syrian airbase under domestic and international law. Dorf describes the different stakes under domestic and international law of permitting military intervention for humanitarian purposes.

Equality for All: Federal Appeals Court Holds in Hively v. Ivy Tech Community College That Title VII Prohibits LGBT Discrimination

SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, in which it unequivocally held that Title VII prohibits LGBT discrimination. Grossman describes the history leading up to this momentous decision and applauds the court for getting it right.

Can We Stop the Attorney General?

Cornell University law professor Joseph Margulies points out that Attorney General Jeff Sessions appears poised to take criminal justice reform nationwide in the wrong direction. Margulies explains why place-based, problem-solving approaches improve community wellbeing better than saturation policing strategies like Broken Windows and Zero Tolerance.

The Drumbeat of SOL Reform

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA, comments on the current progress of state statutes of limitations (SOL) for child sex abuse. Hamilton is optimistic that eventually the SOL for child sex abuse will be eliminated in every state, but she points out that the pace can be frustratingly slow.

The Church of the Perpetual Supply-Side Miracle

In anticipation of President Trump and congressional Republicans trying to pass severely regressive tax cuts for the rich, George Washington law professor and economist Neil H. Buchanan preemptively critiques conservatives’ claims that supply-side economics works. Buchanan points out that the great weight of evidence demonstrates that it does not, and only blind belief could lead one to think otherwise.

An English Teacher Corrects Shakespeare

Chapman University, Fowler School of Law, professor Ronald D. Rotunda critiques an English professor at Northern Arizona University for insisting that a student use the word “humankind” rather than “mankind.” Rotunda points out that the origin of the English word “man” encompasses both sexes and that for English professors (or any instructor) to force students to use certain words and shun others is an abuse of the power of words.

Where Trump and (Bill) Clinton Agree: Immunity From Civil Suit While President

Illinois Law dean and professor Vikram David Amar comments on a motion by President Trump’s personal lawyers seeking temporary dismissal of a civil lawsuit against him for the duration of his time in office. Amar describes two key differences between this lawsuit and one filed against former president Bill Clinton while he was president.

The Supreme Court Rejects Fake Facts in Capital Cases

Cornell University law professor Sherry F. Colb considers one recent instance in which the U.S. Supreme Court endorsed a standard because it was factually more accurate than a prior standard, and several other instances in which the Court has done the opposite. Colb points out that, unfortunately, the law often seeks facts that facilitate a desired outcome rather than facts a more just or correct outcome.

Credit Cards and the Disturbingly Widening Gyre of Free Speech

Cornell University law professor Michael C. Dorf explains the significance of the U.S. Supreme Court’s recent decision regarding New York credit card surcharge laws as free speech. Dorf argues that the decision reflects an alarming trend of the Roberts Court to agree to recognize challenges to economic regulations on free speech grounds.

Vouchers, Charters and Public School Debt: Not Just Different Education Policy Priorities

Guest columnist and former U.S. Congressman Brad Miller argues that the Trump administration’s plans to expand charter schools and provide vouchers for religious and other private schools may violate the Contract Clause of the U.S. Constitution. Miller points out that by paying for charters out of traditional public schools’ funds, states have de-prioritized their obligations to the purchasers of public school bonds in violation of the Contract Clause.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

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

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Lesley Wexler
Lesley Wexler

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