Verdict

University of Chicago Law School professor emeritus Albert W. Alschuler examines President Joe Biden’s pardon of his son Hunter Biden, analyzing three aspects of the pardon: preventing future prosecution, setting aside convictions, and eliminating potential prison sentences. Professor Alschuler argues that while blocking future prosecution was justified given the threat of political persecution, and limiting Hunter’s sentence could be defended despite breaking a promise, completely erasing his convictions was unjustifiable.

Amherst professor Austin Sarat discusses the upcoming execution of Joseph Corcoran in Indiana, who has voluntarily dropped his appeals, and examines the broader phenomenon of death row “volunteers” in the American justice system. Professor Sarat argues that courts should never allow inmates to volunteer for execution, not only due to questions of mental competency but also because it violates fundamental principles of natural law and inalienable rights as recognized in the Declaration of Independence, making it fundamentally un-American.

Cornell Law professor Michael C. Dorf discusses emergency powers in various constitutional systems, including South Korea, India, and the United States. Professor Dorf argues that while emergency powers can serve legitimate purposes during genuine crises, they risk abuse by leaders, and ultimately constitutional provisions alone cannot prevent such abuse—rather, the protection of democracy depends on the commitment of people and institutions to uphold the rule of law.

Leading experts at an NYU webinar discussed three major constitutional challenges to the National Labor Relations Board (NLRB) in light of recent Supreme Court decisions: restrictions on presidential removal of Board members, the status of administrative law judges, and potential jury trial requirements. While panelists predicted the Supreme Court may be reluctant to completely invalidate the NLRB's structure, they acknowledged growing judicial skepticism toward administrative agency independence, with potential implications for labor relations and administrative governance more broadly.

Cornell professor Joseph Margulies discusses a writing exercise created by award-winning writer and teacher Rachel Kadish that asks students to write from the perspective of someone expressing views they find abhorrent, connecting this practice to broader issues of societal division and empathy. Professor Margulies argues that consciously attempting to understand others’ perspectives and behaviors before passing judgment—even when their actions are deplorable—is essential for reducing social polarization and recognizing our shared humanity.

Illinois Law professor Lesley M. Wexler examines two specific aspects of the allegations against Donald Trump’s Secretary of Defense nominee Pete Hegseth: how senators approach testimonial credibility in #MeToo cases and the risks faced by “upstanders” who intervene to protect potential victims. Professor Wexler argues that some senators show concerning bias in automatically believing Hegseth despite contrary evidence, while also highlighting how women who act as upstanders often face severe retaliation, suggesting a need for better safeguards and practices for those who intervene in potential sexual assault situations.

University of Pennsylvania professor Marci A. Hamilton examines Christian Nationalism and the Napa Legal Institute's Faith and Freedom Index, exploring how they relate to religious liberty, extreme religious liberty, and theocracy in America. Professor Hamilton argues that Christian Nationalism and the Religious Freedom Restoration Act (RFRA) represent dangerous departures from traditional First Amendment religious liberty protections, as they enable religious groups to discriminate against others and violate neutral laws while potentially paving the way for an intolerant Christian theocracy.

SMU Dedman School of Law professor Joanna L. Grossman and Stanford Law professor emeritus Lawrence M. Friedman trace the historical and legal evolution of adultery laws in the United States, from colonial-era capital punishment through state-by-state criminalization to the recent 2024 repeal of New York’s adultery law. Professors Grossman and Friedman argue that while adultery has gradually been decriminalized across most states and is rarely prosecuted even where it remains illegal, it continues to have social significance and limited legal relevance in specific contexts like military justice, bigamy laws, and civil matters such as divorce proceedings.

Amherst professor Austin Sarat discusses President-Elect Donald Trump's nomination of Pam Bondi and Kash Patel as potential attorney general and FBI Director, respectively, in his upcoming administration. Professor Sarat argues that these appointments signal Trump’s intention to weaponize the Justice Department and FBI for political revenge, warning that Hunter Biden’s allegedly unfair prosecution could become commonplace for Trump’s opponents if Bondi and Patel are confirmed to these positions.

Illinois Law professor Lesley M. Wexler examines recent U.S. policy shifts under the Biden administration regarding the authorization of cluster munitions (ATACMS) and anti-personnel landmines for use in Ukraine, along with their implications for international humanitarian law. Professor Wexler argues that these reversals, particularly the facilitation of Ukraine’s violation of the Landmine Ban Treaty, represent a concerning erosion of international humanitarian law norms and treaties, warning that such case-by-case justifications could lead to a broader collapse of civilian protection standards in warfare.

Cornell professor Joseph Margulies analyzes a statement by Senator Ron Wyden criticizing Trump’s Treasury Secretary nominee Scott Bessent, using it as a case study to examine modern political discourse. Professor Margulies argues that instead of engaging in substantive policy discussions about important economic issues like tariffs and deportation, political figures and media often resort to simplistic character attacks and inflammatory rhetoric, contributing to a culture of unthinking political animosity.

Amherst professor Austin Sarat discusses Indiana’s planned December 2024 execution of Joseph Corcoran and examines the state’s unusual policy of barring media witnesses from executions, with context about how other states handle media access to executions. Professor Sarat argues that Indiana’s media ban undermines transparency and public accountability, as journalists serve as crucial neutral observers who can document the government's most extreme action and inform the public about how their tax dollars are being used.

Cornell professor Joseph Margulies discusses his growing alienation from American society due to its increasing cultural fixation on blame, ostracism, and divisive binary thinking, particularly in politics and public discourse. Professor Margulies argues for rejecting this culture of “othering” and demonization, instead advocating for thoughtful dialogue across ideological differences, even while holding and expressing strong opinions on controversial issues like capital punishment and Guantanamo Bay.

Illinois Law professor Lesley M. Wexler analyzes potential changes to military inclusion policies under an imminent Trump administration, specifically examining proposed rollbacks of “woke” policies regarding women in combat roles and LGBTQIA+ service members, while exploring the legal and constitutional framework around such changes. Professor Wexler argues that while there are few legal barriers to reversing current inclusive policies, alternative approaches like gender-neutral fitness testing could address stated operational concerns without requiring complete exclusion of these groups.

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze a recent Pennsylvania Supreme Court decision ordering counties not to count undated/misdated mail-in ballots for the November 2024 election, specifically examining the broader implications of courts claiming exclusive authority to interpret constitutionality. Professors Amar and Mazzone argue that the court’s position that only judges can determine constitutional matters is problematic, as executive officials throughout American history have demonstrated the capacity to make sound constitutional judgments, and a decentralized system of constitutional review by multiple government actors can better protect individual rights.

Cornell Law professor Michael C. Dorf discusses a recent federal case in which a court struck down Louisiana’s law requiring Ten Commandments displays in public school classrooms based on the 1980 Supreme Court precedent Stone v. Graham, and the subsequent partial stay of that ruling by the Fifth Circuit. Professor Dorf argues that while the district judge correctly followed the still-binding Stone precedent, the disagreement among lower courts reflects broader uncertainty in an era where the current Supreme Court is willing to overturn long-standing precedents, making it increasingly difficult for lower courts to determine which precedents remain controlling law.

Amherst professor Austin Sarat examines how the 22nd Amendment’s presidential term limits, originally passed to prevent another FDR-style extended presidency, affects second-term Presidents in general and Donald Trump’s anticipated second term in particular. Professor Sarat argues that term limits can paradoxically enable presidential overreach by freeing second-term Presidents from electoral accountability, suggesting this could be especially concerning in Trump's case given his stated plans to expand executive power.

In this second of a series of columns, University of Toronto visiting law professor and economist Neil H. Buchanan explores whether Americans concerned about Donald Trump’s potential return to office can realistically relocate to other countries, drawing from the his personal experience as an expatriate and broader analysis of international migration patterns. Professor Buchanan argues that large-scale emigration from the U.S. is virtually impossible due to logistical constraints in host countries (even immigrant-friendly ones like Canada), noting that even temporary surges in immigration can overwhelm countries’ housing, healthcare, and education systems while potentially triggering xenophobic political backlash.

Amherst professor Austin Sarat discusses how progressives should reconsider their traditional opposition to states’ rights (federalism) and the Senate filibuster in light of Donald Trump’s recent electoral victory. Professor Sarat argues that despite progressives’ historical criticism of these mechanisms, they should now embrace both federalism and the filibuster as valuable tools to resist and limit Trump’s agenda, just as they did during his first administration.

University of Pennsylvania professor Marci A. Hamilton analyzes three key outcomes for the religious right following Election Day: their diminishing control over abortion policy, their continued success in “othering” certain groups (particularly LGBTQ+ individuals), and their unexposed agenda regarding children's rights and education. Professor Hamilton argues that while the religious right has lost ground on abortion rights due to successful state ballot measures and Trump’s apparent abandonment of their stance, they continue to wield significant influence through their campaign against LGBTQ+ rights and could pose future threats through their lesser-known initiatives to weaken child labor laws, compulsory education, and vaccination requirements.