Articles Posted in Constitutional Law

U.C. Davis law professor Vikram David Amar comments on the recent oral argument in the Arizona Independent Redistricting case before the U.S. Supreme Court. In particular, he points out the lack of attention to the question of standing and Justice Anthony Kennedy’s overly (and erroneously) simplistic view of U.S. history.

George Washington law professor Neil Buchanan contends that Republicans’ use of the debt ceiling against President Obama in an attempt to achieve their policy goals could backfire and lead to an increase in taxes on the rich.

Cornell University professor Michael Dorf discusses last week’s oral arguments in King v. Burwell, the case in which the U.S. Supreme Court is expected to decide the fate of the Affordable Care Act (Obamacare). Dorf contends that there are three distinct arguments through which the government could successfully defend the law if the Court finds the language of the statute unclear.

Cornell University visiting law professor Joseph Margulies discusses the problems that arise when a police force is driven by a push for revenue for the city rather than by public safety needs.

Cardozo law professor Marci Hamilton discusses the recent push by certain organizations to increase their political spending while remaining anonymous.

Chapman University law professor Ronald Rotunda discusses the poor success rate of the current solicitor general on recent civil liberties cases that have come before the U.S. Supreme Court.

Cornell University law professor Michael Dorf discusses the Obama Administration’s options in light of the recent decision by a federal district judge to enjoin implementation of deferred action for several million undocumented immigrants.

Cardozo law professor Marci Hamilton comments on the religious exemption regime in place in Idaho and critiques it for putting children at serious risk of harm.

Sherry Colb, law professor at Cornell University, discusses a case currently before the U.S. Supreme Court in which the Court will decide whether, after completing a routine traffic stop, a police officer may briefly delay the release of the driver to permit a dog to sniff for narcotics.

Chapman University law professor Ronald Rotunda argues that in the aftermath of the Charlie Hebdo murders, we should even more fervently defend the freedom of speech rather than engage in self-censorship.

U.C. Davis law professor Vikram David Amar discusses the current controversy in Alabama over whether state court judges must issue same-sex marriage licenses pursuant to an order to a federal district judge sitting in that state.

Cardozo law professor Marci Hamilton calls upon state legislators to repeal the laws that permit parents to refuse to vaccinate their children to the children’s detriment as well as to the detriment of the public.

Cornell University law professor Sherry Colb discusses the observed phenomenon of mental health clinicians’ empathy varying with the cause of the patient’s disorder, and compares this occurrence with juror empathy.

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman discuss the ways in which legislation can (and cannot) address the phenomenon of “revenge porn.” Grossman and Friedman point out that while the similar offense of blackmail has existed for many years, only recently, with the aid of the Internet, has this new form of harassment become a serious issue for lawmakers to consider.

Chapman University law professor Ronald Rotunda comments on the lawsuit brought by the U.S. House of Representatives against the Executive Branch for violating separation of powers in connection with the implementation of the Affordable Care Act.

U.C. Davis law professor Vikram David Amar continues his discussion of the Arizona redistricting commission case currently before the U.S. Supreme Court. Amar considers both the question of standing and the actual merits of the issue presented.

Hofstra University law professor Joanna Grossman describes the path that the issue of same-sex marriage has taken to finally reach the U.S. Supreme Court this term.

Cornell University law professor Michael Dorf argues that the U.S. Supreme Court is likely to recognize a right to same-sex marriage in a ruling this term and discusses the different theories on which the Court could do so.

Cardozo law professor Marci Hamilton discusses the U.S. Supreme Court’s decision in Holt v. Hobbs, holding that the Arkansas prison system’s beard-length requirements violate the federal Religious Land Use and Institutionalized Persons Act.

U.C. Davis law professor Vikram David Amar evaluates the merits of the arguments of the Arizona legislature in its Supreme Court challenge to the Arizona Independent Redistricting Commission.