Analysis and Commentary Posted in 2018-04

The Amazon Shuffle

Cornell University law professor Joseph Margulies describes some of the positive and negative consequences for whichever city Amazon decides will be home to its second headquarters. Margulies looks specifically at Olneyville—a low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island, and concludes that on balance, the benefits of Amazon choosing Boston for its second headquarters could outweigh the risks to communities like Olneyville. Margulies calls upon Providence and indeed all cities to make firm, non-negotiable, legally binding commitments to protect and preserve affordable housing and to make sure that the benefits flow equitably to all residents.

#MeToo: Not Decapitation, but Possibly Lustration

Illinois Law professor Lesley Wexler explores the narrative of the so-called career death penalty that has arisen from the #MeToo movement and considers lustration—a process of purging or vetting individuals responsible for abuses of the state—as a mechanism to govern some of the high-profile harassers. Wexler calls upon the public and the media to help create a different story—a better world—where individuals who have engaged in harassment no longer need to serve as cultural or economic arbiters.

The Olympic Can-Do Spirit Attacks the Scourge of Child Sex Abuse

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, praises Olympic gold medalist in judo Kayla Harrison’s book Fighting Back: What an Olympic Champion’s Story Can Teach Us About Recognizing and Preventing Child Sexual Abuse—And Helping Kids Recover. Hamilton describes the book as ambitious, but well worth reading, especially for teachers, coaches, youth-serving organizations, and every parent intent on preventing the sexual abuse of their children.

The Simpsons, Roseanne, and the PC Dodge

George Washington law professor and economist Neil H. Buchanan comments on the entrance of popular TV shows into the political fray, especially (recently) “Roseanne.” Buchanan argues that for Roseanne Conner to be portrayed as a Trump supporter is inconsistent with her (fictional) character as developed over the years.

The Last Roar of the ‘Liberal Lion’: Judge Stephen Reinhardt Reverses Ruling That Would Have Allowed Employers to Justify Women’s Lower Wages by Prior Salaries

SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.

What California Voters Should Focus on When Voting on Tim Draper’s “CAL 3” Initiative

Illinois Law dean and professor Vikram David Amar comments on Tim Draper’s proposal to divide California into three separate state. Amar describes what the proposal would do and provides three levels of hurdles that will (and Amar argues should) make the proposal a difficult sell, particularly among rational Democrats, who make up the majority of California voters.

Judicial Nominee Refuses to Say Whether Brown v. Board Was Rightly Decided

Cornell University law professor Michael C. Dorf comments on an exchange during the confirmation hearing of Wendy Vitter, whom President Trump has nominated for a federal district court judgeship, in which Vitter declined to answer whether she thought Brown v. Board of Education was rightly decided. Dorf points out that Vitter’s refusal to answer that question may have been an attempt to avoid further scrutiny about her views about abortion but also served to inadvertently acknowledge what conservatives routinely deny—that a judge’s “personal, religious, and political” views necessarily interact with the legal materials.

Pay for Slay?

Illinois Law professor Lesley Wexler discusses the decision by Hamas to pay funds to those wounded and to the families of those killed by Israeli military forces and considers whether such payments ought to be condemned as “pay for slay” disbursements. Wexler concludes that due to the unconditional nature of the offer, at least some payments made by Hamas might be appropriate because they are not conditioned on affiliation with or motivation by Hamas’s military wing.

The Only Unpardonable Offense

Cornell University law professor Joseph Margulies expands upon a prior column in which he argued that all of President Donald Trump’s attacks thus far on Special Counsel Mueller are not actually a threat to the rule of law. Margulies considers two other scenarios: delegating the task of firing the special counsel, which Margulies argues does threaten the rule of law, and pardoning those convicted by the special counsel, which he argues does not.

The Bill Cosby Re-trial: What a Difference a Year Makes

Marci A. Hamilton, the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania, explains why Bill Cosby’s retrial for the sexual assault of Andrea Constand will likely go differently from the first one, which ended in a mistrial. Hamilton describes the changes in public awareness and understanding of sexual assault over the past year, as well as some procedural differences between the first trial and the retrial.

Fly Away: Why the New York City Human Rights Commission is Right to Investigate The Wing, a Private Club and Workspace that is Just for Women

SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.

The San Francisco Fur Ban

Cornell University law professor Sherry F. Colb analyzes some of the assumptions implicit in a fur ban, as San Francisco recently implemented, including the view that fur is a luxury while leather is a necessity and the view that wild animals have a right to live while farm animals do not. Colb explains why these distinctions are nonsensical and calls upon proponents of the fur ban to let people know that there is plenty of vegan food in San Francisco and elsewhere, and that no one needs to spend another moment participating in cruelty to animals.

Some (Informed?) Musings on the ABA’s Process for Reaccreditation of American Law Schools

Illinois Law dean and professor Vikram David Amar reflects on the ABA’s process for reaccreditation of American law schools and describes some of the positive and negative aspects of that process. Amar explains that during the reaccreditation site visits, schools have the opportunity to learn from others similarly situated and to showcase their own progress, but there are still some challenges such as consistent application of ABA standards and the attempt to treat of all schools, however different they might be, the same for accreditation purposes.

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

Cornell University law professor Michael C. Dorf writes a tribute to renowned Judge Stephen Reinhardt of the US Court of Appeals for the Ninth Circuit, who passed away last week. Dorf, who served as law clerk to Judge Reinhardt, extols the late judge’s principled commitment to serving justice without breaking rules and his unusual ability to bring both empathy and reason to everything he did.

Wait … Was the Sheriff of Nottingham Somehow the Good Guy?

George Washington law professor and economist Neil H. Buchanan explains why regressive taxes make Republicans “reverse Robin Hoods” by focusing on the core disagreement between those Republicans and everyone else about the ethics of taxation. Buchanan points out that the Republicans’ argument boils down to the tautology that rich people deserve what they have because they have it.

Donald Who? Reform Goes Forward Despite His Idiocy

Cornell University law professor Joseph Margulies describes how President Donald Trump’s rhetoric on criminal justice has not actually impacted (positively or negatively) the state of criminal justice reform across the country. Margulies describes the modest progress but cautions that the most significant shifts may be taking place at a level that is not yet detectable.

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 is an economist and legal scholar and a Professor of Law at The George... 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

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School... more

Lesley Wexler
Lesley Wexler

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