Analysis and Commentary on Human Rights

Sorry Lessons

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Illinois law professor Lesley Wexler considers the apologies issued by celebrity men recently accused of sexual misconduct and argues that they ultimately fall short of making genuine amends to their victims. Wexler breaks down the components of a sincere apology, discusses the question of compensatory amends, and ultimately concludes that both the United States government and the celebrity men in question have failed to issue apologies of any true substance to those they have wronged. To highlight her point, Wexler compares contemporary examples in which the Canadian government has stepped up to offer proper apologies and provide compensation to victims of its past harmful policies.

Oh, Those Crazy Commissions

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Cornell University law professor Joseph Margulies describes the ongoing military commissions operating at Guantanamo, costing US taxpayers over $90 million per year. Margulies explains why the commissions are are all symbol and no substance but why politicians will never suggest that they be shut down.

Symbols and Distractions

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Cornell University law professor Joseph Margulies comments on the announcement by the White House that it would expand the U.S. prison at Guantanamo. Margulies describes the role that Guantanamo has taken on—including its extremely high cost of operations—and the symbolic role it has for Donald Trump and his supporters.

The High Long-Term Costs of Engaging in Torture

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Illinois Law professor Lesley Wexler explains the significance of the Canadian government’s recent settlement with and apology to Omar Khadr, a 15-year-old Canadian member of al-Qaeda who fought against the United States in Afghanistan. Wexler explains that while a majority of Canadians oppose the settlement, Prime Minister Trudeau has chosen to pay the political and economic price for his predecessor’s decision to allow Canadian interrogators to participate in the Guantanamo regime and for his refusal to seek Khadr’s return to Canada.

What Women Are Not Getting for Valentine’s Day This Year: Access to Reproductive Health Care Under the Trump Administration

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SMU Dedman School of Law professor Joanna L. Grossman discusses the grave risks to women’s health under the Trump Administration, both within the United States and worldwide. Grossman explains the unprecedented breadth of President Trump’s executive order reinstating what is known as the “global gag rule” and vastly expanding its scope.

Who Cares?

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Cornell Law professor Joseph Margulies argues that rather than see certain individuals as monsters undeserving of empathy, we should see the humanity in every person. To illustrate his point of humanity, Margulies describes in detail the life and background of Dante Owens, who was sentenced to three consecutive life sentences.

Notorious P.I.G.: Rape Culture Meets Presidential Politics

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SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake analyze the infamous video of Donald Trump boasting about what he can do to women, as well as the response of the Trump campaign. Grossman and Brake argue that Trump’s words in the video, and his non-apology following its release, epitomize the formula that creates rape-prone culture: deny harm, deflect responsibility, and normalize what happened.

My Friend Michael

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Cornell University Law professor Joe Margulies reflects on the life and accomplishments of his friend and colleague Michael Ratner, who passed away last week as a result of complications from cancer. As Margulies points out, Ratner recognized that dignity withheld from some is denied to all, and he suffered greatly for the great work he did.

War Crimes in a Punitive Age

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Cornell University law professor Joseph Margulies discusses the challenges of comprehensive criminal justice reform. Even for victims of wrongful detention and torture, he argues that war crimes prosecutions are not the answer. With an eye toward a crime-free society, Margulies presents a compelling argument as to why the current, punitive nature of our carceral state should be dismantled.

Enough

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Cornell University law professor Joseph Margulies comments on Donald Trump’s recent declaration that not only does he support torture, but that if he becomes president, he would utilize it more, regardless of whether it “works.” Margulies explores these statements as well as the identity of those who support him and his views.

Who Gets to Be Human?

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Cornell University law professor Joseph Margulies continues his discussion of the role of dignity as a condition of a legitimate criminal justice system. Margulies argues that it is dignity that saves us from the conceit that we may decide who gets to be human, but he laments that many people are not yet ready to give up that conceit.

An Avoidable Human Rights Disaster in the Dominican Republic

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George Washington law professor and economist Neil Buchanan discusses the ongoing human rights disaster in the Dominican Republic stemming from that country’s treatment of Haitians. Buchanan argues that the United States should withdraw financial support for the Dominican Republic’s security forces in order not to provide support for human rights violations.

Torture and Myth, Part One

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In this first of a two-part series of columns, Cornell University visiting law professor Joseph Margulies debunks the widespread belief that Americans’ support for torture occurred immediately following the attacks of 9/11. In Part II, Margulies will discuss how support for torture took off only after it became a partisan issue, and an argument took shape that made torture sound congenial to American values.

The New Torture Report: Expect Little Other Than Talk

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Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.

The Reclamation of Torture

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Guest columnist and professor of law and government at Cornell University, Joseph Margulies discusses the use of the term “torture” in American media and the public sphere. Margulies describes the change in language after 9/11 and explains the significance of the word’s return to the public’s vocabulary.

Meet our Columnists

Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Amar served as the Senior Assoc... more

Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington University. He teaches tax law and tax policy, and he has taught contract law, law and economics, and... more

Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published a... 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 Judiciar... 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 four books on constitutional la... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law.  She is an expert in sex discrimination law. Her most recent book,  more

Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the... more

David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from Rice University and his J.D. from the University of California, Berkeley, School of Law (Boalt Hall)... more

Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of Record in Rasul v. Bush (2004), involving detentions at the Guantánamo Bay Naval Station, and in more

Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of Law in Seattle, where she also directs the graduate program on Sustainable International Developmen... more

Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at Chapman University, Fowler School of Law. He joined the faculty in 2008. Before that, he was Univ... more