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Football, Sexual Assault, and the Web: The End of the Institutional Cover-ups of Sexual Abuse and Assault

Justia columnist and Cardozo law professor Marci Hamilton comments on the confluence of forces that have made the victories in the fight against child sex abuse possible. Among the key factors, Hamilton argues, are the end of the old boys’ network; survivors who are empowered by the justice system; and revelations that go public far more quickly than they could have prior to the Age of the Internet, when victims and critics of abusers have a strong, far-reaching voice and the ability to recruit allies and supporters. With all these developments, together, sparking public outrage, Hamilton notes that even previously untouchable football institutions can be made accountable—noting, for instance, the crimes toward a young woman in Steubenville, Ohio, by members of that town’s team.

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.

United Airlines and the Milgram Experiment

Cornell University law professor Sherry F. Colb comments on the recent incident involving a French bulldog puppy dying in-flight when the flight attendant allegedly insisted that the carrier containing the dog be put in the overhead bin. Colb provides one possible explanation for the incident in terms of human behavior as observed in the famous Milgram experiment, in which subjects obeyed directions from an authority figure to administer increasingly strong electric shocks to another person despite experiencing moral distress at doing so.

Is the Winner-Take-All Method States Use to Select Presidential Electors Legally Vulnerable?

In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.

How a School Bus With No Wheels Taught Me to See Past Silos

Cornell University law professor Joseph Margulies describes inspiring story of the "Walking School Bus" in Olneyville, the low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island. The Walking School Bus is a small group of parents who walk through a set route on a specified timetable, escorting children through dangerous areas to safely arrive at their respective schools. Margulies points out that this example is but one example of the importance of recognizing the intersection public health, crime, criminal justice, and policing-all critical and interrelated components of building stronger and safer communities.

‘All the Money in the World,’ But Not Enough to Pay Male and Female Stars the Same?

SMU Dedman School of Law professor Joanna L. Grossman comments on the most recent high-profile revelation of pay disparity between men and women—that between Mark Wahlberg and Michelle Williams in Ridley Scott’s “All the Money in the World.” Grossman describes the state of pay discrimination laws and while she commends Wahlberg for donating the $1.5 million difference in compensation to the Time’s Up fund, she points out that it was not Wahlberg’s responsibility to rectify this disparity. Grossman calls upon the director Ridley Scott, the agency that represented Williams, and all Hollywood studios and directors to right the wrong of gender pay inequality.

More Aggressive Antitrust Enforcement Would Create More Jobs and Grow the Economy

Guest columnist and UC Hastings adjunct professor Samuel R. Miller contrasts the recent decision by antitrust enforcers in Europe to fine Google $2.7 billion for abusing its dominant position in internet search with the FTC’s decision not to pursue an antitrust case against Google based on similar allegations. Miller argues that the US should shift toward the EU’s position on antitrust law and that such a policy change would not even require any modifications of statutory language.

Don’t Shred the Evidence

Cornell University law professor Joseph Margulies comments critically on the decision by the Bureau of Immigration and Customs Enforcement (ICE) to destroy certain records regarding detainees held in ICE custody. Margulies argues that the information ICE seeks to destroy can be helpful in assessing the conditions, staffing, supervision, and practices in various facilities, for the purpose of improving the worst ones and learning from the ones with the best practices.

Free Speech Issues Raised by Internet Companies Denying Service to Neo-Nazi Sites

Cornell University law professor Michael C. Dorf uses the refusal of private internet domain registrars to do business with neo-Nazi website The Daily Stormer to illustrate the need for a change in the law. Dorf acknowledges that in the case of The Daily Stormer, no rights were violated, and the companies acted within their terms of service. However, Dorf argues that Congress should impose obligations to respect freedom of speech on companies that provide essential internet services to avoid the future possibility that such private companies stifle speech of worthy organizations and legitimate causes.

Some Aspects of the Matal v. Tam Trademark Case That Would Have Benefitted from More Explanation

Illinois Law dean and professor Vikram David Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.

Beveridge’s Life of Marshall and its Relevance Today

Chapman University Fowler School of Law professor Ronald D. Rotunda comments on Albert Jeremiah Beveridge’s historic biography of John Marshall and notes that both Beveridge and Marshall are revered in spite of their being wrong (in hindsight) about certain moral truths. Rotunda points out that every generation thinks itself smarter and more moral than the previous generation, so if we do not practice humility about the past, we risk being blindsided by different prejudices today.

You’re Fired: Four Ways Donald Trump’s Presidency Might Not Last Four Years

Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, examines four ways in which Donald Trump’s presidency might not last for the full four-year term. In addition to describing each of the four ways, Falvy offers a prediction as to the likelihood Trump’s presidency will end in that manner.

The Republican Fail on Sex Assault and Child Sex Abuse

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.

Funding the Judiciary: A Comparative Analysis of the United States and Brazil

Guest columnists Igor De Lazari, Antonio G. Sepulveda, and Carlos Bolonha critique recent significant budget cuts to Brazil’s federal judiciary. The authors explain the importance of ensuring the judiciary has sufficient funds and draw upon both U.S. and Brazilian precedence to argue that allocating funds for the proper function of the judicial branch is a legislative prerogative.

Why Electors Should Not Make Hillary Clinton (or Anyone Else Besides Donald Trump) President

Illinois Law dean and professor Vikram David Amar argues that the presidential electors should not elect anyone besides Donald Trump when they cast their ballots on December 19. Amar points out that while there are better way to elect a president than the electoral college, it would be unwise to switch rules after the end of the election and allow independent, unaccountable electors to make decisions based on what they think America wants.

Constitutional Lessons From Comey’s Unwise “October Surprise” Decision to Comment on Clinton Investigation Yet Again

Illinois law dean and law professor Vikram David Amar describes three takeaway lessons from FBI Director James Comey’s decision to comment on the ongoing Clinton email investigation a second time. Amar argues that (1) with respect to investigators, sometimes less formal independence means more latitude to act out, (2) the FBI director should not operate outside of DOJ bounds, and (3) the DOJ policy of not commenting on ongoing investigations arises from the Constitution.

The WikiLeaks Nothingburger

George Washington law professor and economist Neil H. Buchanan describes how news outlets are stretching to try to make news out of the contents of the Clinton campaign emails released by WikiLeaks. Buchanan argues that the emails reveal nothing remarkable or problematic about the Clinton campaign’s inner workings and in fact support her claim of fitness for presidency.

The Outrageously False Charges of Perjury Against Hillary Clinton

John W. Dean, former counsel to President Nixon, discusses the charges of perjury and false statements brought against Hillary Clinton by congressional Republicans led by Bob Goodlatte and Jason Chaffetz. Dean closely scrutinizes the facts underlying the charges and concludes that the charges are utterly baseless and manifest an abuse of power beyond the pale of dirty politics.

Should We Lift the Stigma on “Virtuous Pedophiles”?

Inspired by a Dan Savage podcast on the topic, Cornell University law professor Sherry Colb considers both the concept of “virtuous pedophiles” and some of its potential implications. Colb explains what this term means and draws several comparisons to other individuals who may be oriented toward a certain action that is either illegal or prohibited to them, ultimately expressing ambivalence toward the notion of the virtuous pedophile.

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 Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... 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 of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

Joseph Margulies
Joseph Margulies

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

Anita Ramasastry
Anita Ramasastry

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

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence... more

Lesley Wexler
Lesley Wexler

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