Analysis and Commentary Posted in 2019-04
Seven Steps for Progressive Prosecutors
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Cornell law professor Joseph Margulies describes seven steps that progressive prosecutors must take to advance three fundamental principles of meaningful criminal justice reform—dignity, community, and equity. Margulies explains the importance of going beyond piecemeal initiatives to truly embracing and furthering an alternative organizing vision for the prosecutorial function.

Liberals Reject Too-Convenient Theories; Why Don’t Conservatives?
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GW law professor and economist Neil H. Buchanan points out that while liberals reject radical left-wing ideas, conservatives do not similarly reject radical right-wing ideas. By way of example Buchanan discusses the theory of Modern Monetary Theory, a persistent fringe theory has been embraced by a few prominent left-leaning politicians despite being rejected by economists across the political spectrum.

Children Have a Right to Live and Be Vaccinated, and Two Legal Reforms Are Needed
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Marci Hamilton—professor at the University of Pennsylvania and CEO of CHILD USA—discusses the importance of vaccinating children and proposes two legal reforms needed to ensure children’s protection. Specifically, Hamilton proposes that states eliminate religious exemptions to mandatory vaccination and permit mature children to decide whether they get vaccinations.

Insurance Carriers Hold a Key to Prevent Child Sex Abuse
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Marci A. Hamilton—founder, CEO, and Academic Director of CHILD USA, a 501(c)(3) nonprofit academic think tank at the University of Pennsylvania dedicated to interdisciplinary, evidence-based research to prevent child abuse and neglect—explains why insurance carriers can and should play a key role in preventing child sex abuse. Hamilton describes two reforms that are needed to make the insurance industry a positive force instead of a barrier to child sex abuse prevention.

If These Ideas Are Too “Far Left,” Why Are They So Popular? (Part Two)
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GW law professor and economist Neil H. Buchanan continues his series of columns discussing how the establishment left, particularly the media, is treating the policy and politics of Senator Bernie Sanders (and others) irresponsibly and superficially as “extreme left,” reinforcing false equivalence and “bothsidesism.” Buchanan provides additional support for his thesis across these columns that the supposedly extreme ideas of Sanders and others are actually hugely popular and not at all radical.

Why Settled Precedent Prevents President Trump From Punishing Sanctuary Cities For Declining to Assist in Federal Immigration Policy
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Illinois law dean and professor Vikram David Amar explains why President Trump’s proposal that detained immigrants be relocated to sanctuary cities violates the Supreme Court’s precedent interpreting relevant constitutional provisions. Amar argues that even a conservative Supreme Court that defers to the Executive branch in matters of foreign affairs would likely not permit such action.

Overcoming Partisan Objections to Electoral College Reform: How Red States Could (and Should) Adopt the National Popular Vote Interstate Compact But Defer Implementation Until 2032
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Illinois law dean and professor Vikram David Amar describes recent developments in the reform movement known as the National Popular Vote (NPV) interstate compact plan and explains how those hesitant to get on board (particularly elected Republican legislators) can address their concerns with the plan. Specifically, Amar proposes that states should adopt the NPV interstate compact but delay implementation until 2032—a time in the future at which no one today can anticipate which party (if either) the compact would benefit.

“You Can’t Investigate Me, I Quit” or “I’ve Been Promoted”: Should Federal Courts Continue Misconduct Investigations of Former Judges?
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Cornell law professor Michael C. Dorf comments on the practice by federal courts of dismissing investigations into complaints of judicial misconduct if the judge retires from the bench or is elevated to justice status. Dorf argues that a full investigation of someone who is no longer a judge (or no longer a judge on a covered court) may still have implications for judges who continue to serve and thus that judicial councils should not construe their statutory mandate as narrowly as they did in the recent investigations of then-Judges Maryanne Trump Barry, Alex Kozinski, and Brett Kavanaugh.

Bypassing the Constitution: Texas Legislature Considers Bill to Add Burdens to Pregnant Teens
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SMU Dedman School of Law professor Joanna L. Grossman comments on a bill under consideration by the Texas legislature that would require appointment of an attorney ad litem to represent an unborn child during a judicial bypass proceeding for an abortion for a pregnant minor. Grossman describes the legal background and explains why the bill is both unconstitutional and unwise.

Two Areas of Patient Care, Two Attitudes Toward Autonomy
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Cornell law professor Sherry F. Colb describes two different attitudes toward patient autonomy using anecdotes—one of a cancer doctor and another of an abortion provider. Colb considers why the two attitudes differ and explain how the former can learn from the latter about patient empowerment.

If These Ideas Are Too “Far Left,” Why Are They So Popular?
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GW law professor and economist Neil H. Buchanan argues that Democrats’ supposedly unpopular extreme-left policy proposals are actually both moderate and popular. Buchanan points out that polls show that Americans overwhelmingly embrace policies that are mischaracterized as extreme left.

Lawmakers Must Stop Cooperating in the Bishops’ Dirty Tricks
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Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, and Kathryn Robb, executive director of CHILD USAdvocacy, describe the latest trick by Catholic bishops in Maryland to successfully lobby for a statute of repose to be included in a bill, undermining its ability to provide meaningful justice to abuse victims. Hamilton and Robb call upon legislators to stop cooperating with Catholic bishops, as doing so leads only to continued secrecy, suffering, and pedophile empowerment.

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