Analysis and Commentary Posted in 2026-05
The Civil Rights History of New York Times v. Sullivan: A Conversation with Professor Samantha Barbas
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Touro University, Jacob D. Fuchsberg Law Center professor Rodger D. Citron discusses the civil rights history of New York Times v. Sullivan with legal historian Samantha Barbas in a podcast conversation regarding her book, Actual Malice. Professor Citron highlights Barbas’s findings that Alabama officials weaponized libel law to suppress coverage of the civil rights movement and emphasizes that this racial context remains essential to understanding the case’s legal legacy.

Listen to Gisèle Pelicot, in Shame Has to Change Sides: A Hymn to Life
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UNLV Boyd School of Law professor Leslie C. Griffin discusses the case of Gisèle Pelicot, who was drugged and raped by her husband and dozens of other men over a decade, as chronicled in Pelicot’s memoir Shame Has to Change Sides. Professor Griffin argues that Pelicot’s demand for an open trial serves as a vital challenge to patriarchal structures and underscores the necessity of shifting the burden of shame from victims to the perpetrators of sexual violence.

The Potemkin Process
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Cornell professor Joseph Margulies discusses the Cornell University Board of Trustees’ investigation into a 2026 confrontation between President Michael Kotlikoff and student protesters. Professor Margulies contends that the inquiry was a fraudulent “Potemkin process” that lacked true independence by tasking campus police with investigating their own superior, thereby eroding institutional legitimacy through a preordained exoneration.

President Donald Trump’s Two-Track Process to Establish Christian Nationalism
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University of Pennsylvania professor Marci A. Hamilton discusses Donald Trump’s dual strategy for institutionalizing White Christian Nationalism by installing a conservative Supreme Court majority and empowering the religious right’s political agenda. Professor Hamilton argues that these efforts subvert the separation of church and state by promoting a false historical narrative and prioritizing the specific theological demands of a minority over the rule of law and civil liberties.

DOJ “Anti-Weaponization” Fund Weaponizes the Federal Judgment Fund
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Cornell Law professor Michael C. Dorf discusses the settlement of a lawsuit between Donald Trump and the Department of Justice, which established a $1.776 billion “Anti-Weaponization Fund” and granted the Trump family permanent immunity from various tax claims. Professor Dorf argues that this arrangement constitutes a corrupt exploitation of the Federal Judgment Fund and urges Congress to implement structural reforms to prevent future presidents from bypassing the constitutional power of the purse through collusive litigation.

One Year After Murders at the Capital Jewish Museum in Washington, DC, American Jews Should Oppose Capital Punishment Even for Those Who Killed Jews
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Amherst professor Austin Sarat discusses the Department of Justice’s decision to seek the death penalty for Elias Rodriguez following his 2025 antisemitic murders at the Capital Jewish Museum. Professor Sarat argues that American Jews should oppose the execution because capital punishment contradicts the Jewish values of “repairing the world,” violates long-standing rabbinical skepticism toward state-sanctioned killing, and denies the fundamental human right to make moral amends.

Why the U.S. Supreme Court Should Not and Will Not Interfere with the Virginia Supreme Court’s Recent Ruling on the State’s Efforts to Engage in Partisan Redistricting to Counter Red States: How Moore v. Harper (Rightly) Requires Respect for State Court Interpretations of State Constitutions
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UC Davis Law professor Vikram David Amar discusses the Virginia Attorney General’s emergency application for the U.S. Supreme Court to stay a state supreme court ruling that invalidated a redistricting-related constitutional amendment. Professor Amar argues that the challenge will fail because the state court’s decision rests on an independent interpretation of the Virginia Constitution and constitutes a routine exercise of judicial review that warrants deference under Moore v. Harper.

Congress Could End Political and Racial Gerrymandering
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Cornell Law professor Michael C. Dorf discusses the Supreme Court’s role in enabling racial gerrymandering under the guise of partisan strategy and the resulting limitations of current legislative remedies like the Voting Rights Act. Professor Dorf argues that Congress should use its constitutional authority to mandate independent redistricting commissions or, more effectively, adopt a system of statewide proportional representation to ensure fair minority voice without using the specific racial classifications the current Court finds objectionable.

A Tribute to Three Survivor Heroes
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University of Pennsylvania professor Marci A. Hamilton discusses the systemic barriers child sex abuse survivors face when seeking justice and highlights three individuals who use their professional expertise to force institutional transparency and reform. Professor Hamilton argues that while these survivors courageously drive progress, society must stop placing the burden of child protection on the victims and instead proactively hold institutions accountable.

Texas’s 600th Execution Would Be a Grim Milestone and Another Travesty
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Amherst professor Austin Sarat discusses the historical prominence and systemic flaws of capital punishment in Texas as the state nears its 600th execution since 1977. Professor Sarat argues that Texas’s continued practice of executing intellectually disabled and mentally ill individuals defies constitutional standards and highlights an urgent need for political leaders to abolish the death penalty.

Justice Department Lawyers Violated Their Professional Obligations by Giving into Trump’s Ballroom Obsession
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Amherst professor Austin Sarat discusses a Justice Department motion to lift an injunction against the construction of Donald Trump’s White House ballroom, noting that the filing adopts the inflammatory and legally irrelevant rhetoric of President Trump’s social media posts. Professor Sarat argues that the lawyers involved violated their ethical obligations and federal procedural rules by submitting such a frivolous document and urges the court to impose sanctions to protect the rule of law.

Tennessee Governor Bill Lee Should Stop America’s Latest Unjust Execution
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Amherst professor Austin Sarat examines the case of Tony Carruthers, a Tennessee death row inmate scheduled for execution despite significant evidence of innocence and severe procedural failures at trial. Professor Sarat argues that Governor Bill Lee should exercise his clemency power to spare Carruthers’ life, contending that the case exemplifies the systemic failings that make executive clemency a critical but underused safeguard against miscarriages of justice.

Meet our Columnists
Vikram David Amar

Vikram Amar is the Daniel J. Dykstra Endowed Chair and Distinguished Professor of Law at the King Hall UC Davis Law School. Amar returned to UC Davis in 2023 after serving for eight years as the... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a Senior Research Fellow at the Institute for Austrian and International Tax Law of the Vienna University of Economics and Business. He is also... 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 CVO 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