Analysis and Commentary Posted in 2015-01
Can an Elected State Legislature Sue the State? And Can Congress Approve State Laws That Otherwise Violate the Constitution? More on the Arizona Redistricting Commission Case
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U.C. Davis law professor Vikram David Amar continues his discussion of the Arizona redistricting commission case currently before the U.S. Supreme Court. Amar considers both the question of standing and the actual merits of the issue presented.

The Final Showdown: The Supreme Court Agrees to Decide Whether Bans on Marriages by Same-Sex Couples are Unconstitutional
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Hofstra University law professor Joanna Grossman describes the path that the issue of same-sex marriage has taken to finally reach the U.S. Supreme Court this term.

The Question Is How, Not Whether, the Supreme Court Will Find a Right to Same-Sex Marriage
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Cornell University law professor Michael Dorf argues that the U.S. Supreme Court is likely to recognize a right to same-sex marriage in a ruling this term and discusses the different theories on which the Court could do so.

The Supreme Court Decides Holt v. Hobbs the Way It Decided Burwell v. Hobby Lobby: With a License to Dictate Public Policy from the Bench
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Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s decision in Holt v. Hobbs, holding that the Arkansas prison system’s beard-length requirements violate the federal Religious Land Use and Institutionalized Persons Act.

Why the Supreme Court Should Reject the Arizona Legislature’s Challenge to the Arizona Independent Redistricting Commission
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U.C. Davis law professor Vikram David Amar evaluates the merits of the arguments of the Arizona legislature in its Supreme Court challenge to the Arizona Independent Redistricting Commission.

Torture and Myth, Part Two: The Politics of Torture
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Cornell University visiting law professor Joseph Margulies continues his discussion of torture and its place in American politics. Margulies describes how torture gained popularity only after it became a partisan issue, and only after its supporters assembled an argument making its use seem consistent with American values.

The Sony Hack and “Fruit of the Poisonous Tree”
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Cornell University law professor Sherry Colb discusses the differences between the Fourth Amendment and the First Amendment with respect to the “fruit of the poisonous tree,” in the context of the recent Sony hack and widescale publication of the private data exposed by the cyber-attack.

Torture and Myth, Part One
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In this first of a two-part series of columns, Cornell University visiting law professor Joseph Margulies debunks the widespread belief that Americans’ support for torture occurred immediately following the attacks of 9/11. In Part II, Margulies will discuss how support for torture took off only after it became a partisan issue, and an argument took shape that made torture sound congenial to American values.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the... more

John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Before becoming White House counsel at age thirty-one, he was the chief minority counsel to the... more

Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has written hundreds of popular essays, dozens of scholarly articles, and six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CEO of CHILD USA, a 501(c)(3) nonprofit academic think... more

Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in Geren v. Omar... more

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more