Analysis and Commentary Posted in 2025-02
The Democratization of AI: A Pivotal Moment for Innovation and Regulation
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USF Law visiting professor Michele Neitz examines the emergence of DeepSeek R1, a low-cost open-source AI model from China, and its implications for the democratization of AI technology development beyond major tech companies. Professor Neitz argues that while this democratization offers benefits like increased innovation, affordability, and diverse participation, it also presents significant challenges around data privacy, security, and responsible development that require thoughtful regulatory responses rather than outright bans.

More Reasons to be Guardedly Optimistic
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University of Toronto visiting law professor and economist Neil H. Buchanan discusses the potential end of the Musk-Trump administration and reasons for hope during their governance, examining historical parallels, current political dynamics, and public reaction to their policies. Professor Buchanan argues that despite the current pessimistic climate, there are several reasons for optimism, including an unstable political coalition, Trump’s cult of personality that may not survive his absence, historical precedents of positive change like the Civil Rights movement, and the administration’s self-undermining behavior through indefensible policies and poor argumentation.

No Regrets
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Cornell professor Joseph Margulies discusses his book project about society’s tendency to ostracize wrongdoers and explores the complex role of remorse in how society judges and responds to those who have committed serious transgressions. Professor Margulies grapples with a particular challenge in his research—how to address cases where individuals who have committed wrongful acts feel no remorse for their actions, using examples like January 6 rioters and abortion providers in different states—and invites such individuals to share their perspectives.

Why a Quid Pro Quo in the Eric Adams Affair Would Violate the Constitution: Lessons from the Anti-Commandeering Cases and Spallone v. United States
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UC Davis Law professor Vikram David Amar examines the U.S. Department of Justice’s decision to dismiss federal corruption charges against New York Mayor Eric Adams and the legal and ethical implications of potentially using criminal charges as leverage to influence local government policy decisions. Professor Amar argues that if the DOJ dismissed charges as part of a quid pro quo to gain Adams’s cooperation with federal immigration policies, this would constitute an unconstitutional violation of federalism principles by improperly pressuring local officials to act against their constituents’ interests, similar to prohibited practices outlined in Supreme Court cases like New York v. United States and Spallone v. United States.

Saturday Night Massacre, The Sequel: The Unitary Executive Theory Run Amok
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Cornell Law professor Michael C. Dorf compares the Trump administration’s recent efforts to interfere in a federal corruption case to Richard Nixon’s “Saturday Night Massacre,” highlighting the resignations of principled conservative prosecutors who refused to comply. Professor Dorf argues that while Trump’s actions align with the unitary executive theory favored by some conservatives, the real issue is his disregard for longstanding legal norms that prosecutors should act based on law and facts rather than political influence.

Whether or Not Ohio Ever Carries Out Another Execution Will Help Shape the Death Penalty’s Fate Across the Nation
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Amherst professor Austin Sarat discusses Ohio Governor Mike DeWine’s ongoing de facto moratorium on executions and the broader implications for the future of the death penalty in both Ohio and the United States. Professor Sarat argues that Ohio’s inability to procure lethal injection drugs, combined with public opposition, racial disparities, financial inefficiencies, and declining crime rates, demonstrates that the state—and potentially the nation—can function without capital punishment, signaling a possible shift toward abolition.

How the Tide Might Turn: The Inevitable End of Trumpism
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University of Toronto visiting law professor and economist Neil H. Buchanan discusses the current state of American democracy under Trump’s leadership and contemplates both immediate and long-term prospects for democratic restoration. Professor Buchanan argues that while the current situation is dire, there are reasons for hope, including Trump’s limited lifespan, the likely power struggle among his potential successors, and historical precedents of democratic renewal following periods of authoritarianism.

Primer for Non-Lawyers (And Non-Litigators) on the Nature and Process of “Preliminary” Injunctive Relief in Federal Court
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UC Davis Law professor Vikram David Amar discusses the surge in federal lawsuits challenging the new Trump administration’s extensive assertions of executive power. Emphasizing the critical role of the judiciary in these times, Professor Amar explains the significance of court rulings, particularly preliminary injunctions, as temporarily halting executive actions to prevent irreparable harm while the legal merits are fully adjudicated, and he highlights the immense pressure on judges to navigate these complex and politically charged constitutional issues.

This Year’s First Execution Illustrates the Death Penalty’s Compound Cruelties
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Amherst professor Austin Sarat discusses the recent execution of Marion Bowman in South Carolina, focusing on his case and the broader cruelties inherent in the American capital punishment system. Professor Sarat argues that Bowman’s case exemplifies multiple systemic issues in death penalty cases, including the treatment of those claiming innocence, the coercive nature of plea deals, inadequate legal defense, and the psychological torture of death row conditions, particularly during the final months before execution.

International Criminal Court Issues Arrest Warrants Against Israeli Prime Minister Netanyahu and Former Defense Minister Gallant
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NYU Law professor Samuel Estreicher and 2L Matthew Fouracre exploree the legal and jurisdictional complexities surrounding the International Criminal Court’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, focusing on the challenges against the ICC’s jurisdiction and the implications of head of state immunity. Professor Estreicher and Mr. Fouracre argue that while the ICC’s jurisdiction is contested due to Palestine’s statehood status and international legal principles, the varying international responses underscore a broader debate on the enforceability of such warrants against high-ranking officials.

Trump Invites Assassinations of Perceived Enemies
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Cornell Law professor Michael C. Dorf discusses the actions taken by Donald Trump shortly after his inauguration, focusing on his disregard for democratic norms and the potential legal violations involved, particularly highlighting the removal of security details from political adversaries like Mike Pompeo, John Bolton, and Anthony Fauci. Professor Dorf argues that these decisions reflect Trump’s vengeful and autocratic tendencies, likening his behavior to that of a dictator or crime boss, and warning of the broader implications for democratic governance and personal safety of those perceived as his enemies.

California, Not Texas, May Be the Last Frontier for America’s Death Penalty
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Amherst professor Austin Sarat explores the paradoxical status of the death penalty in California, highlighting its high number of death row inmates and new sentences despite a moratorium on executions and a progressive stance. Professor Sarat contrasts this with Texas’s declining death penalty numbers, emphasizing the complex political landscape in California where local prosecutors and public opinion continue to support capital punishment, creating challenges for abolitionists trying to effect change.

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