Analysis and Commentary Posted in 2015-10

Will the Committee on Benghazi Find a Sense of Decency?

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Former counsel to the president John W. Dean strongly critiques the House Select Committee on Benghazi for conducting itself without decency or civility. Dean compares the committee’s hearings to the so-called Army-McCarthy hearing of June 9, 1954, in which Republican Senator Joe McCarthy charged that the Army had been infiltrated by communists.

On the Tenth Anniversary of the 2005 Philadelphia Grand Jury Report on Child Sex Abuse in the Archdiocese

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Cardozo law professor Marci Hamilton celebrates the ten-year anniversary of the groundbreaking 2005 Grand Jury Report on Child Sex Abuse in the Philadelphia Archdiocese. She argues that while that document pales in comparison to the Australian Commission’s report on abuse in that country, it is still hugely significant and should serve as the benchmark for responsible prosecutorial initiative on clergy sex abuse in the United States.

A Leader with Few Followers: New York on Family Law

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Hofstra University law professors Joanna Grossman and Barbara Stark discuss a new law in New York that will reform alimony law and reverse a longstanding rule of marital property in that state. Grossman and Stark describe New York’s unusual family law history and explain how it arrived at this new law, which goes into effect in part this week.

Dred Scott After Nearly Two Centuries

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Chapman University law professor Ronald Rotunda the lead-up and history of the U.S. Supreme Court’s infamous Dred Scott decision—in which the Court in 1857 held that African Americans could not be American citizens and therefore could not sue in federal court. Rotunda explains how the case progressed through the state and subsequently federal courts, and discusses how the decision affected some of the justices sitting on the Court at the time.

Why the Challenges to California’s Reproductive Fact Act Are Likely Unpersuasive

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Vikram David Amar, dean and law professor at the University of Illinois College of Law, and Alan Brownstein, professor at UC Davis School of Law, examine a court challenge brought against a recently enacted California law regulating family planning clinics. Amar and Brownstein argue that the law should survive these constitutional challenges.

Who Is Looking for the Easy Way Out Regarding the Debt Ceiling?

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George Washington law professor and economist Neil H. Buchanan describes the easiest solution to the debt ceiling crisis: for House Republicans to repeal or increase the debt ceiling rather than using it for opportunistic purposes. Buchanan then goes on to explain what the president should do to avoid financial crisis even if House Republicans do not provide this solution.

Who Gets to Be Human?

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Cornell University law professor Joseph Margulies continues his discussion of the role of dignity as a condition of a legitimate criminal justice system. Margulies argues that it is dignity that saves us from the conceit that we may decide who gets to be human, but he laments that many people are not yet ready to give up that conceit.

The Last of the President’s Men

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Former counsel to the president John W. Dean gives a preview of Bob Woodward’s new book, The Last of the President’s Men, which recounts the experiences of Alex Butterfield in the Nixon White House. Dean explains the origin and significance of the title with respect to the subject matter and provides his insight into the book’s telling of Butterfield’s story.

Regulating Lawyer Advertising When It Is Not Misleading

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Chapman University law professor Ronald Rotunda discusses a report drafted by the Association of Professional Responsibility Lawyers finding that state regulation of lawyer advertising involves far more rules and complexity than is necessary. Rotunda points out that in light of the purpose of such rules, the report recommends states that have a single rule that prohibits false and misleading communications about a lawyer or the lawyer’s services.

Four Specific Indicators to Look for (As Distinguished From Cases to Watch) This Supreme Court Term

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Vikram David Amar, law professor and dean of the University of Illinois College of Law, identifies four key issues to watch in the Supreme Court’s 2015-2015 Term. As Amar discusses here, these issues center around: (1) public labor unions, (2) affirmative action, (3) abortion rights, and (4) the death penalty.

“Shout Your Abortion” Movement Raises Questions About the “Coming Out” Analogy

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Cornell University law professor Michael Dorf discusses the #ShoutYourAbortion movement intended to destigmatize abortion. Dorf describes how people “coming out” as being gay or lesbian helped destigmatize sexual orientation, and how coming out as having a disability or disease has helped destigmatize those statuses, as well. Dorf cautions that while the #ShoutYourAbortion movement could resemble these other movements, it may also be different in some important ways.

Pope Francis Visits Philadelphia and Promises No More Secrets

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Cardozo law professor Marci Hamilton comments on the recent visit by Pope Francis to Philadelphia on the ten-year anniversary of the release of the landmark Grand Jury Report on Sexual Abuse in the Philadelphia Archdiocese. Hamilton argues that now is the time for state legislators to eliminate statutes of limitations for civil sex abuse suits and revive those claims that have expired due to short statutes of limitations.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... 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 Judiciar... 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 four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

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

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more