Analysis and Commentary Posted in 2023-08
Some (Very) Preliminary Musings on the Loper Bright Case Next Term Involving the So-Called Chevron Deference Doctrine

UC Davis Law professor Vikram David Amar comments on the Loper Bright case the U.S. Supreme Court will be hearing next term, which provides the opportunity for the Court to revisit (and potentially eliminate) the Chevron deference doctrine. Professor Amar points out and analyzes some of the constitutional issues raised by the doctrine.

The Department of Justice Cannot Cure What Ails Memphis

Cornell professor Joseph Margulies comments on the U.S. Department of Justice’s investigation into the City of Memphis and its police department following the fatal beating of Tyre Nichols, which exposed a culture of violence and indifference within the department. While Professor Margulies welcomes this investigation as a step in the right direction, he argues that the Department of Justice lacks the tools and authority to address systemic issues related to policing and public safety in Memphis; ultimately, the solution must come from local initiatives and collaboration within the community.

Why Didn’t the U.S. Bomb Kyoto?

UNLV Boyd School of Law professor Leslie C. Griffin explores the nuanced and multifaceted influences behind the U.S. decision to bomb Hiroshima and Nagasaki instead of Kyoto during World War II. Drawing upon the speculated influence of Secretary of War Henry Stimson’s personal connection to Kyoto and weather conditions affecting bombing success, Professor Griffin emphasizes the complex interplay between personal morality, strategic considerations, and even uncontrollable factors like the weather in shaping historical outcomes.

The Real Problems with Florida Teaching About the “Benefits” of Slavery

Cornell Law professor Michael C. Dorf criticizes Florida’s new middle school social studies education standards, which suggest that enslaved people benefited from slavery in some instances by learning skills such as carpentry or blacksmithing that they could later use for personal benefit. Professor Dorf argues that this perspective dangerously minimizes the horrors of slavery, and could be a calculated move by political figures like Governor Ron DeSantis to leverage culture war issues, distort historical truths, and consolidate power.

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 the University of... 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 Dwight D. Opperman Professor of Law and Director of the Center of Labor and... 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