Cornell law professor Michael C. Dorf comments on the announcement that retired Supreme Court Justice Sandra Day O’Connor would be withdrawing from public life and explains how, ironically, the exit of President Ronald Reagan’s Supreme Court nominees is giving rise to what could be called the Reagan Court. Dorf describes Reagan’s successes and failures with respect to shaping the Court and explains why only now, with its present composition, the Court may actually be poised to further Reagan’s agenda.
Illinois law professor Lesley Wexler comments on the Norwegian Nobel Committee’s decision to award the 2018 peace prize to relatively unknown contenders for leading efforts “to end the use of sexual violence as a weapon of war and armed conflict.” Wexler considers whether the decision might be “pinkwashing”—a term Wexler derives from “whitewashing” to mean (1) an institution or individual’s deployment and publicity of policies and practices (2) in response to the identification of a #MeToo or sex discrimination related grievance, (3) which does not address the underlying concern of the aggrieved and (4) is intended to establish, maintain, burnish, or restore institutional reputation. Wexler raises and discusses the question how one distinguishes sincere efforts to address a #MeToo problem from pinkwashing.
In the wake of the tragedy in Pittsburg, which in some ways mirrors the 2015 terrorist attacks in Paris, Cornell law professor Joseph Margulies draws upon his experience representing Abu Zubaydah—the first person held in the CIA "enhanced interrogation program"—to provide an answer the question of how one can represent someone so many people hate. Margulies argues that the advocate’s highest calling is to insist upon humanity even when society is most determined to deny it.
Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains how the Kavanaugh confirmation process shows the crossroads at which the #MeToo movement now stands. Hamilton goes on to describe three legal reforms that are needed now: to fix the criminal and civil statutes of limitations, to revise defamation laws, and to fix the mandated reporting laws so those with knowledge of sex assault share it with the authorities.
Cornell law professor Sherry F. Colb comments on a wiki document allegedly started by a group of students at the University of Washington last year that allows people to make anonymous accusations of rape or sexual abuse by posting the names of alleged assailants. Colb explains the reasons behind the list, as well as the problems the list poses, and concludes that while the list is not perfect, it may be the only form of justice available to victims under a system that fails to prosecute and convict acquaintance rapists in earnest.
John W. Dean, former White House counsel to President Nixon, engages in a question-and-answer session with Jonathan Weiler, who, along with Marc Hetherington, authored Prius or Pickup? How the Answers to Four Simple Questions Explain America’s Great Divide. Responding to Dean’s insightful questions, Weiler explains some of the book’s themes, particularly the authors’ choice to use the terms “fixed,” “fluid,” and “mixed” to describe political views that have traditionally been described in terms of “authoritarianism.” Dean praises the work as a fascinating read and a well-written book.
Illinois Law dean Vikram David Amar and professor Jason Mazzone continue their discussion of the constitutionality of California’s law requiring that publicly held corporations have a minimum number of women on their boards of directors. In this second of a series of columns, Amar and Mazzone consider whether California’s ostensible reasons for enacting and implementing SB826 are permissible and “important”—the standard required under federal intermediate equal protection scrutiny.
Guest columnists Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, and Sezgi G. Fuechec, a foreign-trained transactional lawyer with an LL.M. degree in banking and financial law, discuss the trend of employee representation in corporate boards. Frankel and Fuechec point out that while idea of employee representation in the board level is not novel, it is an important development that more corporations should embrace now, rather than waiting until there is a significant conflict between employees, management, and financiers.
GW Law professor and economist Neil H. Buchanan describes why President Trump’s recent attacks on the nation’s independent central bank, the Federal Reserve, is dangerous and worrisome. Buchanan explains the reason the Fed is independent of politics and highlights the importance of its continued existence and independence, regardless of who is in the White House.
Cornell law professor Michael C. Dorf debunks President Trump’s claim that he has kept his campaign promise to “protect coverage for patients with pre-existing conditions.” Dorf provides three primary reasons that the claim is dishonest: the administration’s position in a pending lawsuit; the GOP’s proposed alternative, which does not require insurance companies to offer policies that actually cover pre-existing conditions, and the claim that Democratic support of Medicare for All is “radical socialism.”
Dean Falvy, a lecturer at the University of Washington School of Law, critiques Alan Dershowitz’s The Case Against Impeaching Trump, finding that the book is essentially a defense brief for President Trump that largely lacks meaningful legal analysis. Falvy argues that the book won’t persuade any legal scholars, but if at least 34 members of the GOP Senate caucus buy Dershowitz’s argument, Trump will likely not be forced from office.
Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, criticizes Pennsylvania Republican leadership for letting down child sex abuse victims in that state by proposing a “tribunal” that amounts to faux justice rather than passing meaningful legislation. Hamilton calls upon the legislature to pass a real window via statute of limitation reform and to let the private entities handle their own compensation funds.
UNLV Boyd School of Law professor Leslie C. Griffin comments on a case currently before the US Supreme Court—Madison v. Alabama—in which the Court will consider whether a death row inmate may constitutionally be executed despite his advanced dementia causing him not to recall the crime for which he is to be executed. Griffin highlights the ethical and legal issues raised in that case and addresses considerations on both sides.
Cornell law professor Sherry F. Colb argues that some people's belief in the trivial nature of sexual assault may go hand in hand with the belief that it never happened. Colb examines the relationship between denial and devaluation in other contexts, as well as in the context of gender oppression, and finds consistency in the thinking of people who hate or otherwise persecute others.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Florida correctly denying an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits. Grossman points out that anti-discrimination law is not sufficient to eliminate, or even substantially reduce, the incidence of sexual harassment at work, but it is unquestionably necessary to address that problem and protect survivors.
In this second of a four-part series about a new approach to community well-being, Cornell law professor Joseph Margulies comments on the problem of displacement. Margulies points out that influx of capital is not necessarily bad for community well-being but distinguishes gentrification, which can be good, from displacement, which is harmful to communities.
Illinois law professors Lesley Wexler and Colleen Murphy propose that the most lasting legacy of the Kavanaugh confirmation battle will not be Judge Kavanaugh’s imprint on the Court, but the bravery Dr. Ford has inspired in others. Wexler and Murphy view the recent events through the lens of transitional justice and argue that the confirmation of Judge Kavanaugh is not dispositive or even indicative of whether the aspirations for #MeToo movement may be realized.
Illinois Law dean Vikram David Amar and professor Jason Mazzone consider the constitutionality of California’s recently passed law requiring that publicly held corporations to have a minimum number of women on their boards of directors. In this first of a series of columns on this topic, Amar and Mazzone analyze whether, under the Equal Protection Clause, the law fails federal intermediate scrutiny.
GW Law professor and economist Neil H. Buchanan explains why Brett Kavanaugh’s defiant responses to questioning by senators about his conduct while drinking ignore common knowledge about the effects of alcohol and illustrate the toxic combination of drinking culture and young men who think their actions have no consequences.
Cornell law professor Michael C. Dorf anticipates the possible next steps in the federal government’s lawsuit against California over the state’s new law mandating net neutrality. Dorf explains why, if conservative scholars and Supreme Court justices succeed in what seems to be their goal of weakening federal regulatory agencies, that could ironically be a boon to net neutrality and to government regulation more broadly.