Articles Posted in Constitutional Law

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.

Cornell University law professor Michael Dorf discusses the extent to which various forms of protest by NYPD officers do (and don’t) threaten to undermine civilian control of the police.

Chapman University law professor Ronald Rotunda comments on the President’s asserted power to waive U.S. immigration laws.

Former counsel to the president John W. Dean reflects on a visit he had with the late California Justice Mildred Lillie, who, due to gender discrimination, was denied appointment on the U.S. Supreme Court.

Cardozo law professor Marci Hamilton explains how the “religious liberty” supported by conservative Republicans is thinly veiled discrimination against the LGBTQ community and women.

Cornell University law professor Sherry Colb discusses the differences between the Fourth Amendment and the First Amendment with respect to the “fruit of the poisonous tree,” in the context of the recent Sony hack and widescale publication of the private data exposed by the cyber-attack.

Hofstra University law professor Joanna Grossman discusses the recent crackdown by the federal Office for Civil Rights on sexual assault and violence in schools.

Cornell University law professor Michael Dorf discusses a lawsuit filed in the U.S. Supreme Court by Nebraska and Oklahoma against Colorado, alleging that the latter state’s legalization of marijuana undermines their ability to maintain their own prohibitions of the substance.

U.C. Davis law professors Vikram David Amar and Alan Brownstein reflect on the five most significant constitutional developments of 2014.

George Washington law professor and economist Neil Buchanan describes the starkly different political responses to the revelation of wrongdoing by the IRS earlier this year, and the more recent Senate Intelligence Committee’s “torture report.” Buchanan argues that this contrast illustrates how politicians too often overreact to non-news yet refuse to respond to truly horrifying news.

Cornell University law professor Michael Dorf discusses a case in which the U.S. Supreme Court recently granted review to consider whether Texas may constitutionally deny an application for a custom state-issued license plate with a Confederate battle flag logo.

Chapman University law professor Ronald Rotunda discusses the problems with eyewitness identification, as illustrated recently by the tragedy in Ferguson, Missouri.

Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.

Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.

Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.

Hofstra University law professor describes the recent clarification by the Department of Education’s Office for Civil Rights of its prior guidance on the legality of single-sex classes in public schools. Grossman explains why this clarification was needed and what issues it seeks to address.

U.C. Davis law professor Vikram David Amar continues his discussion on how federalism cuts against the challengers to the Obamacare statute in King v. Burwell. In this second of a two-part series, Amar addresses some counterarguments to his thesis that federalism principles bolster the federal government’s position in that case.

Cornell University law professor Michael Dorf comments on the scope and limits of prosecutorial discretion, as it relates both to President Obama’s executive action on immigration and the Michael Brown case.