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—considers recent news of the EEOC’s budget increase for fiscal year 2018. Hamilton notes that this appears to be a win for the EEOC and the #MeToo movement at first glance. Nevertheless, Hamilton explains that the increasing public encouragement for victims of sexual misconduct to come forward does not negate the unwillingness of those in power to effect change within the legal system for these victims to have a real chance at justice.
Cornell University law professor Sherry F. Colb comments on the recent incident involving a French bulldog puppy dying in-flight when the flight attendant allegedly insisted that the carrier containing the dog be put in the overhead bin. Colb provides one possible explanation for the incident in terms of human behavior as observed in the famous Milgram experiment, in which subjects obeyed directions from an authority figure to administer increasingly strong electric shocks to another person despite experiencing moral distress at doing so.
SMU Dedman School of Law professor Joanna L. Grossman comments on the recent oral argument in NIFLA v. Becerra, in which so-called Crisis Pregnancy Centers challenge California’s Reproductive FACT Act as violating their First Amendment right to free speech by requiring posted information about medical licensure and abortion. Grossman points out that Justices Stephen Breyer and Sonia Sotomayor seemed to believe that if California’s FACT Act violates the First Amendment, then so too would laws in other states requiring that doctors engage in anti-abortion (or abortion-deterrent) speech.
Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the legal trouble facing Missouri governor Eric Greitens for allegedly taking a nonconsensual compromising photo of a woman with whom he was having an affair. Grossman and Friedman describe the relatively new state statute under which Greitens was charged and explain some of the nuances of that law.
George Washington law professor and economist Neil H. Buchanan describes two reasons Republicans’ regressive tax cuts are unpopular: people are no longer falling for Republicans’ claims that the tax cuts help the middle class, and people are increasingly aware that the tax cuts increase, rather than reduce, economic inequality.
Guest columnist Barry Winograd—an arbitrator and mediator, and lecturer at Berkeley Law—concludes his two-part series of columns on the conflict between President Donald Trump and Stephanie Clifford, the adult film actress known as Stormy Daniels. Winograd argues that both parties would benefit from settling their claims against the other so they can minimize disruption to their personal and professional futures.
In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.
Guest columnist Barry Winograd—an arbitrator and mediator, and lecturer at Berkeley Law—analyzes the settlement agreement purportedly between Donald Trump and Stephanie Clifford, an adult film actress also known as Stormy Daniels. In this first of a two-part series of columns, Winograd describes some of the intricacies of the agreement as well as the budding litigation over it, highlighting some of the strengths and weaknesses in the legal arguments of each side.
Cornell University law professor Michael C. Dorf considers whether, in protest of the Supreme Court’s recognition of the constitutional right to same-sex marriage, states can “get out of the marriage business” altogether. Dorf explains that abolishing marriage for everyone likely poses no equal protection issues, and points out some interesting and unique characteristics about marriage as a fundamental right.
Illinois Law professor Lesley Wexler considers whether institutions such as the Nobel Committee should revoke awards for illegal or immoral behavior by its recipients. Wexler points out that empirical evidence suggests that revocation can sometimes lead to crackdowns or repressions, rather than motivating the recipient to improve their behavior, and thus that revocation should be considered with caution.
Cornell University law professor Joseph Margulies explains why we should withhold judgment about President Donald Trump’s nominee to head the CIA, Gina Haspel. Margulies points out that, notwithstanding what we do know about Haspel’s role in facilitating torture at CIA black sites, there is much information we still do not yet know that could inform our assessment of her. He calls upon both the Left and the Right to reduce knee-jerk reactions and instead seek to make careful assessments based on complete information and facts.
Former White House counsel John W. Dean describes the incredible legacy of fellow Verdict columnist, Professor Ronald D. Rotunda, who passed away unexpectedly earlier this week. Dean explains how he came to know Rotunda—through the Watergate hearings—and Rotunda’s critical role in developing the modern-day ethics rules that govern lawyers (“post-Watergate morality”). A prolific writer, Rotunda is perhaps best known for co-authoring the revered Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility, as well as a highly regarded treatise on constitutional law.
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—describes the small step forward New York has recently taken to improve access to justice for child sex abuse victims. Hamilton points out that Republican senators are dragging their feet and offering flimsy excuses for not backing the legislation that would expand the window for sex abuse claims, a stance inconsistent with their position on other windows, such as those for medical malpractice claims.
Boston University law professor Tamar Frankel comments on the current situation regarding federal regulation of securities brokers as having fiduciary duties to their clients. Frankel explains the arguments for and against such regulations and describes the possible consequences for retirees, young people, and the brokers themselves if the regulations are imposed.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a New York trial court finding a man's egregious use of spyware to eavesdrop on his wife's conversations with her lawyer during their ongoing divorce, and his destruction of the evidence of the spying, supported denying him marital assets in the divorce. Grossman describes the very standard for considering whether to consider fault when awarding alimony and argues that the court arrived at the correct conclusion in this extraordinary circumstance.
Cornell University law professor Sherry F. Colb considers four ways in which human rights successes might seem to impede the progress of animal rights (and vice versa) and explains why none of these four ways stands up to critical analysis. Colb concludes that a commitment to human rights is perfectly consistent with an embrace of animal rights and that rather than being in conflict, to support one without the other is incoherent.
Illinois Law dean and professor Vikram David Amar comments on a lawsuit recently filed in Texas challenging the winner-take-all method by which Texas (and other states) administer presidential elections. Amar explains the benefits and drawbacks of the method and why the lawsuit is unlikely to elicit changes in Texas or elsewhere.
George Washington law professor and economist Neil H. Buchanan describes how Republicans' unjustified war on the Internal Revenue Service and attempts to defund it have incidentally caused all charitable organizations to suffer. Buchanan recounts the non-scandal involving the IRS and highlights the inconsistencies in Republicans' rhetoric as to that incident-which led to dire consequences not just for honest taxpayers but for legitimate charitable groups and the people who would like to support them.
Cornell University law professor Michael C. Dorf comments on a recent sharply divided decision by the US Supreme Court in Patchak v. Zinke, in which Court considered whether a particular piece of legislation actually constitutes a law. Dorf explains why the issue was so difficult and points out some of the flaws in reasoning by both the plurality and the dissent.
Guest columnists Igor De Lazari, Antonio Sepulveda, and Judge Sergio Dias describe how Brazil recently addressed an issue currently before the US Supreme Court-an issue of when (and whether) a state may collect taxes on goods that originate out of state. De Lazari, Sepulveda, and Dias suggest that perhaps the issue is better resolved, as it was in Brazil, through the legislative process rather than by court decision, so as to ease what is likely to be an abrupt transition.