Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, addresses six key questions about Donald Trump’s second impeachment trial. Falvy provides clear and supported answers to frequently asked questions such as whether the Senate can act to remove Trump from the presidency, whether it can hold a trial after his term expires, who should preside, and whether he will lose his presidential perks.
In light of the events of January 6, Illinois law professors Lesley M. Wexler and Colleen Murphy identify some preliminary questions raised by private actors sanctioning other private actors for the latter’s potentially criminal activities at the Capitol. In particular, Professors Wexler and Murphy explain why the event gives rise to transitional justice concerns, and through the transitional justice lens, they assess the advantages and disadvantages of private action in this context.
UF Levin College of Law professor and economist Neil H. Buchanan challenges Senator Josh Hawley’s proffered reason that the Senate should have heard challenges to the counting of electoral votes. Professor Buchanan argues that, no matter how he tries to justify his approach, he was willing to violate the U.S. Constitution to overthrow the duly elected incoming President and to further his own cynical plans to run for President in a future election.
Cornell law professor Sherry F. Colb comments on a movie some have described as one of the best of 2020, The Invisible Man, and describes how the story in the movie offers possibilities for envisioning accountability for domestic violence and other crimes that often receive dismissive treatment under the heading of “he said/she said.” Professor Colb briefly describes the plot of the movie (including spoilers), and explains why the movie is so revelatory.
SMU Dedman School of Law professor Joanna L. Grossman, Duke Law professor Katharine T. Bartlett, and Pitt Law professor Deborah L. Brake reflect on the life and achievements of Professor Deborah Rhode, who recently passed away. Professors Grossman, Bartlett, and Brake describe Professor Rhode’s countless contributions to the legal academy and to the fight for gender equity.
Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, describes the steps the Biden administration needs to take to bring the country back from the precipice of becoming a theocracy. Professor Hamilton highlights action items with respect to the Department of Justice, the Religious Freedom Restoration Act (RFRA) and the First Amendment, tax exemptions and accountability, and governmental financial support for organizations engaged in discriminatory practices.
Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, makes the case for impeaching Donald Trump again, after the failed insurrection of January 6. Falvy describes three possible ways to disempower Trump from undermining democracy in our nation and explains why immediate impeachment by the House and removal by the Senate is the most appropriate course of action.
Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, pens an open letter to members of Congress, describing Wednesday’s insurrection by pro-Trump extremists as predicable (even predicted) to the Framers and calling upon Congress to impeach and convict the President. Professor Hamilton argues that Donald Trump is the embodiment of what the Framers expected from rulers: self-centered corruption, greed, and no care for the common good.
NYU law professor Samuel Estreicher and adjunct professor Zachary Fasman comment on two bills passed by the New York City Council that would mandate detailed and extensive labor protections for fast-food workers in New York City. Professors Estreicher and Fasman praise the intent behind the laws but explain why the City Council is not the place where binding agreements governing private workplaces in the City should be enacted.
Cornell law professor Michael C. Dorf describes what is at stake on Wednesday, January 6, when Congress meets in joint session to confirm Joe Biden’s election as President. Professor Dorf explains why, although Trump apparently lacks the majority necessary to invalidate a duly chose electoral slate, the stakes are still very high.
Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains why the police murder of George Floyd was the worst moment of 2020 in American law. Professor Sarat proposes that we remember the event and that date—May 25—as “infamous,” a word reserved for rare and atrocious events like the bombing of Pearl Harbor, in an attempt to capture the brutality and inhumanity of the act.