Articles Posted in Constitutional Law

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.

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.