Analysis and Commentary Posted in 2023-01
“I Hope They Stomp His Ass”

Cornell Law professor Joseph Margulies comments on the videos released by the City of Memphis documenting the murder of Tyre Nichols by Memphis police officers. Professor Margulies points out that the atrocious conduct captured on video reflects a police culture that encourages brutality and indifference, arguing that if the Memphis Police Department can’t change the culture they’ve created, their officers don’t deserve the badge.

Arizona Takes a Step Toward Abolishing the Death Penalty

Amherst professor Austin Sarat describes how Arizona has recently taken a small but significant step toward abolishing the death penalty, with actions by Governor Katie Hobbs and Attorney General Kris Mayes. Professor Sarat points out that Hobbs’s executive order calling for an independent commissioner to review certain aspects of the death penalty process in that state will shed light on a procedure that thrives only in darkness and secrecy.

What Ann Coulter Doesn’t Know and Doesn’t Want Her Readers to Know About Capital Punishment

Amherst professor Austin Sarat comments on an opinion piece by ultra-conservative propagandist Ann Coulter in which Coulter is trying to revive America’s death penalty based on untruths and half-truths. Professor Sarat explains why the information Coulter cites is at best misleading and at times completely false, and he argues that any outrage should be directed at the death penalty itself, which is rife with problems at every stage.

Imagine We Lived in a Different World

Cornell Law professor Joseph Margulies describes the crucial difference between a world where we ask, “What happened?” and one where we ask, “Who is to blame?” Professor Margulies explains that the first question seeks to identify the many factors that cause something bad to happen, with the goal of preventing that bad thing from happening again; in contrast, the second seeks only to punish.

The “Not Renewed” Excuse at Hamline and Elsewhere

Cornell Law professor Michael C. Dorf comments on the recent controversy over Hamline University’s dismissal of adjunct professor Erika Lopez Prater when a student complained after she displayed a historically important 14th-century painting of the prophet Muhammad. Professor Dorf explains why the university president’s technically-accurate statement that Lopez Prater was “not fired” highlights the exploitative nature of colleges and universities increasingly relying on untenured and underpaid adjunct faculty.

Neither Biden nor Trump Will Be Charged with any Unlawful Conduct Resulting from Their Possession of Classified Documents, but for Very Different Reasons

Criminal defense attorney and former federal prosecutor Jon May describes the similarities and differences between the possession of classified documents by former President Trump and President Biden. Mr. May argues that neither is likely to lead to charges based on federal criminal statutes, but for vastly different reasons.

No Snowflakes Here: The Cornell University Parole Initiative

Cornell Law professor Joseph Margulies describes the work of the Cornell University Parole Initiative (CUPI), which works with incarcerated persons serving life sentences in New York prisons. Professor Margulies describes the work of CUPI student volunteers and argues that anyone who perceives today’s young people as entitled “snowflakes” should look more closely at what young people are doing and get out of the way for them to fix what older generations have broken.

What Role, If Any, Should Hatred Play in the Justice Department’s Investigation of Donald Trump?

Amherst professor Austin Sarat comments on remarks by former President Donald Trump that Special Prosecutor Jack Smith, who was appointed by Attorney General Merrick Garland to supervise the Justice Department’s investigation of Trump, is motivated by hatred of Trump. Professor Sarat points out that Trump’s perception that those who oppose him hate him epitomizes narcissism and that psychologists have characterized Trump as personalizing every conflict and seeing every political relationship as transactional.

Why Unforgiveness Always Wins

Cornell Law professor Joseph Margulies observes that complaints about American life seem always to reinforce our ruthlessly unforgiving society. Professor Margulies describes one example of our tendency to reduce our most serious problems into simple but existential tribal grievances and another example of our inclination as a society to turn reflexively to punishment and eschew compassionate understanding that seeks to create a diverse community bound by shared values—both characteristic of an unforgiving society.

Arizona Is a New Death Penalty Battleground State

Amherst professor Austin Sarat argues that Arizona’s new attorney general—Kris Mayes—should now seize her opportunity to make good on her promise to put a pause on all executions in that state. Professor Sarat describes Arizona’s recent spate of botched executions and calls upon Mayes to support a death-row inmate’s withdrawal of his request be executed, thereby making Arizona the latest state to confront the troubling issues that have plagued the death penalty across the country.

To Become Speaker, McCarthy Undercuts Law, Order, and Country

Harvard Law professor emeritus Laurence H. Tribe and former federal prosecutor Dennis Aftergut argue that newly elected House Speaker Kevin McCarthy chose ambition over law, order, and country. Professor Tribe and Mr. Aftergut describe how Speaker McCarthy’s concessions to the radical Republicans put us over the brink and seriously endanger democracy.

The Pregnant Workers Fairness Act: A Long-Awaited Victory for Pregnant Workers

SMU Dedman School of Law professor Joanna L. Grossman comments on the Pregnant Workers Fairness Act, which Congress introduced for the first time in 2012 and which President Biden finally signed into law on December 29, 2022. Professor Grossman explains the gaps in pregnancy discrimination law, the need to better address the realities of pregnant workers, and the ways in which the new law will better meet their needs.

Why 2022’s Last Election-Denier Loss Matters

Former Massachusetts Attorney General Scott Harshbarger and former federal prosecutor Dennis Aftergut explain why the victory of Kris Mayes over Republican election-denier Abe Hamadeh in the race for Arizona Attorney General is so important to the entire country. Mr. Harshbarger and Mr. Aftergut provide four reasons Mayes’s victory is crucial and how it illustrates why every vote matters.

George Santos and the Right of Candidates to Lie

Cornell Law professor Michael C. Dorf comments on the revelation that George Santos, who is scheduled to take the oath of office as a new member of Congress tomorrow, lied about nearly his entire biography. Professor Dorf explains why the First Amendment likely prevents candidates from being held criminally liable for their lies, but he points out other ways we can sanction candidates who blatantly lie to gain office.

When the Time Comes, I’d Like to Die on My Own Terms—But the Massachusetts Supreme Court Won’t Let Me

Amherst professor Austin Sarat comments on the Massachusetts Supreme Judicial Court’s refusal to recognize a constitutional right to medical aid in dying. Professor Sarat describes the basis of that decision and explains why state courts should recognize that right based on their own state constitutions.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... 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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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