Analysis and Commentary Posted in 2018-12
Federal Lawsuit Tests Constitutionality of Arizona Statute for Filling US Senate Vacancy Created by John McCain’s Death: Part One in a Series
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In this first of a series of columns, Illinois law dean and professor Vikram David Amar comments on a lawsuit filed in federal court in Arizona that challenges the way state officials are handling the vacancy in the US Senate created by Senator John McCain’s death four months ago. Amar explains the basis of the lawsuit and discusses the sparse case law on point that may determine the outcome of the lawsuit.

Obamacare Nonseverability Ruling Exposes Uncertainty in our Conception of Law
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Cornell law professor Michael C. Dorf comments on the recent ruling by a federal district judge in Texas striking down the entirety of the Affordable Care Act and argues that the judge relies on a highly unorthodox (and erroneous) interpretation of the doctrine of “severability.” As Dorf explains, there is a notable lack of judicial consensus as to what courts actually do when they declare laws unconstitutional, despite that the Supreme Court established its power of judicial review over two centuries ago in Marbury v. Madison (1803).

Larry Nassar and the Milgram Experiment
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Cornell law professor Sherry F. Colb considers the narrative of Kyle Stephens, a woman who was first abused by Dr. Larry Nassar when she was six years old, particularly as compared to the narratives of other women Nassar victimized. Colb points out that patients, parents, and law enforcement all give great deference to medical doctors, and Nassar recognized and took advantage of that deference to sexually assault so many women over such a great period of time.

What Would a New Constitutional Convention Look Like? Two Dozen Unanswered Yet Crucial Questions
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Illinois law dean and professor Vikram David Amar discusses the possibility of a federal constitutional convention to propose fundamental revisions to the document. Amar points out that many fundamental legal questions about such a convention remain unanswered and highlights 24 important questions that will need to be considered if a constitutional convention seems imminent.

The Latest Report on Institution-based Sex Abuse Is Issued on the United States Olympic Committee’s Failures
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Marci A. Hamilton—the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvania—comments on the most recent report on child sex abuse, which was commissioned by the US Olympic Committee and focuses on the Dr. Larry Nassar scandal. Hamilton points out that scandal after scandal should make clear to the public that we have a systemic problem that is cultural, not isolated.

Double Jeopardy Case in Supreme Court is About More than Trump
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Cornell law professor Michael C. Dorf discusses the double jeopardy question raised in Gamble v. United States, in which the US Supreme Court heard oral arguments last week, and explains how the extraordinary nature of the Trump presidency should inform judicial decision making. Building upon a point made in a 1985 Columbia Law Review article by Professor Vincent Blasi, Dorf argues that judges construing the Constitution and other legal texts in perilous times such as these should keep in mind that the rules they adopt will also operate in normal times.

Abuse Victims Still Don’t Get Justice
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UNLV Boyd School of Law professor Leslie C. Griffin criticizes the recent order by the Pennsylvania Supreme Court to permanently redact the names of eleven priests from the grand jury report on sexual misconduct by the clergy in six Pennsylvania Roman Catholic dioceses. Griffin argues that the redaction undermines the purpose of the grand jury report to promote openness and sends the negative signal to survivors that the court will protect their abusers.

Department of Labor Secretary Alexander Acosta Must Go
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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains the role of Labor Secretary Alexander Acosta in allowing multi-millionaire Jeffrey Epstein to plead guilty to a mere 13-month sentence despite evidence he had abused dozens of girls in his home in Palm Beach. Hamilton argues that Acosta should not be in any position of power, but particularly not one such as Labor Secretary, where the welfare of children or trafficking victims is at stake.

The Politics of Interpreting a Drop in Abortion Rates
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Cornell law professor Sherry F. Colb discusses a recent report from the Centers for Disease Control that reflects a decrease in the rate of abortions in the United States. Colb explores the various reasons why this might be the case, illustrating how such reasons might differ between pro-life and pro-choice perspectives, as well as offering her own take on the report's findings.

At Least for Now, Women Have Reproductive Rights
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SMU Dedman School of Law professor Joanna L. Grossman discusses a recently introduced Ohio bill that would ban abortion, regardless of circumstances. Grossman notes that while this bill may not ever be signed into law, a growing trend in recent years has seen many nearly as extreme bills become law in other states. Grossman argues that federal courts will follow Supreme Court precedent and hold most of these recently passed abortion bills invalid but cautions that the Supreme Court’s increasingly conservative lineup of justices may one day invalidate existing precedent, paving the way for the passage of similar bills.

CNN is Wrong on Marc Lamont Hill
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Cornell law professor Joseph Margulies discusses a comment within a speech by Professor Marc Lamont Hill that sparked recent controversy and led to his termination as a political commentator at CNN. While critics claim Professor Hill’s speech implied a desire for the complete and total destruction of the State of Israel, Margulies argues that focusing on one line in a much longer speech is insufficient to glean the true meaning behind Hill’s message.

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 both Osgoode Hall Law School and the University of Toronto Law school. He also holds the James J. Freeland Eminent... 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, CEO, and Academic Director of CHILD USA, a 501(c)(3)... 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