Articles Posted in Politics

One Good Thing Donald Trump’s Presidency Has Done: Improved Journalism
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Former counsel to president Richard Nixon John W. Dean explains how the flurry of news surrounding President Trump has, if nothing else, improved the quality of journalism. Dean points out that the critical thinking and work of journalists is at least as strong right now as it was during the Watergate scandal and they are admirably digging for truth rather than taking statements at face value.

What Employment Discrimination Law Teaches About the Comey Firing
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Cornell University law professor Michael C. Dorf comments on President Trump’s decision Tuesday night to fire FBI Director James Comey. Though Title VII obviously does not apply to Trump’s action, Dorf analogizes to the framework used in Title VII employment discrimination contexts to demonstrate that the evidence overwhelmingly suggests Trump’s asserted grounds for firing Comey were pretextual.

Assessing President Hillary Clinton’s First 100 Days
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George Washington law professor and economist Neil H. Buchanan pens an alternate history—where we would be today if Hillary Clinton had been elected rather than Donald Trump. Buchanan’s alternate history calls attention to the extreme tactics used by Republicans regardless of who sits in the White House.

A Hundred-Plus Days of Incompetent Lawyering and Attempts to Delegitimate Dissent
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Cornell University law professor Michael C. Dorf describes President Trump’s first hundred days in office as characterized by incompetence and efforts to delegitimate the courts and the press. Dorf argues that the incompetence runs throughout Trump’s administration, not only in Trump himself.

Democratic Roulette: Can France’s Two-Round Presidential Election System Contain a Populist Revolt?
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Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, comments on the upcoming presidential election in France. Falvy explains the French election process, the contenders for the presidency, and the high stakes of the election.

Is the Trump’s Norm-Breaking Presidency Un-American Or Merely Unorthodox?
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John W. Dean, former counsel to President Richard Nixon, argues that President Trump’s norm-breaking presidency goes beyond unorthodox to being outright un-American. Dean points out a few of the differences between the start of Trump’s presidency and that of previous presidents and concludes it is considerably far behind all others who preceded him.

Sympathy for the Comfortable: The New Conservative Theory of Compassion
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George Washington law professor and economist Neil H. Buchanan explains in plain English what Mick Mulvaney meant when he attempted to justify President Trump’s budget proposal that would cut programs that help America’s most vulnerable, such as Meals on Wheels and subsidized school lunches for poor children. As Buchanan explains, Mulvaney’s explanation is based on a false notion that better-off people gain as much utility from each dollar as worse-off people receive from the same amount.

Trump’s Divided White House—Bannonites vs. Priebusites: Will It Work?
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John W. Dean, former counsel to President Richard Nixon, explains why President Trump’s strategy of pitting his advisors against each other is likely to result in more chaos than good policy. Building upon the thesis of Chris Whipple’s upcoming book, The Gatekeepers: How the White House Chiefs of Staff Define Every Presidency, Dean discusses the importance of the role of chief of staff and describes what happens when this position is empty or filled with someone not up to the job.

Things Republicans Say They Believe That They Do Not Really Believe
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George Washington law professor and economist Neil H. Buchanan discusses recurring instances of dishonesty within America’s political parties, specifically among Republican politicians. Buchanan highlights several examples of Republican dishonesty and hypocrisy, and illustrates how Republicans’ claims are easy to dissect now that they are in control of a large portion of government.

In for a Pence: How Congress Can Smooth the Path for Trump’s Removal via the 25th Amendment
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Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, explains how Congress might be able to use the 25th Amendment to remove President Donald Trump. Falvy explains the difficulties in involuntarily removing a president under the 25th Amendment and describes how Congress might get around these difficulties.

How Will America Resist Trump’s Lust for Absolute Power?
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George Washington law professor and economist Neil H. Buchanan considers where resistance may arise during Donald Trump’s presidency. Specifically, Buchanan considers the three branches of government and identifies where in each branch resistance to Trump is strongest, as well as where it needs to be augmented.

Law, Politics, and Symbolism in the Muslim Ban
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Cornell University law professor Joseph Margulies argues that the significance of President Trump’s “Muslim Ban” executive order lies not in the legal issues it presents, but in its symbolism. As Margulies explains, the executive order is a symbol that will be used to mobilize support for competing narratives about American life; what ultimately matters is which narrative prevails.

Talking Ourselves Out of Doing Anything to Resist Trump
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George Washington law professor and economist Neil H. Buchanan discusses how anti-Trump voters should (and should not) talk to those who supported Trump. Buchanan argues that if economic issues are not the primary concern, then anti-Trump voters should focus instead on directly (yet respectfully) discussing social issues and identity politics.

You’re Fired: Four Ways Donald Trump’s Presidency Might Not Last Four Years
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Guest columnist Dean Falvy, a lecturer at the University of Washington School of Law and attorney with an international business practice, examines four ways in which Donald Trump’s presidency might not last for the full four-year term. In addition to describing each of the four ways, Falvy offers a prediction as to the likelihood Trump’s presidency will end in that manner.

Who Is To Blame? Understanding Trump’s Rise In Order to Guarantee His Fall
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George Washington law professor and economist Neil H. Buchanan argues that two groups are primarily responsible for electing Donald Trump: Republican officeholders who knew better and non-voters (especially younger voters) who ignored their responsibility to the future. Buchanan calls upon all voters to fight now harder than ever to restore and protect our constitutional democracy.

Meet our Columnists
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor of Law and Former Dean at the University of Illinois College of Law on the Urbana-Champaign campus.... more

Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of Toronto Law school. He is the James J. Freeland Eminent Scholar Chair in Taxation Emeritus at the... 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... 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 six books on constitutional... more

Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and Employment Law and Institute of Judicial Administration at New York University School of Law. He... more

Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las Vegas Boyd School of Law. Prof. Griffin, who teaches constitutional law and bioethics, is known for... more

Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School of Law and is currently serving as the Herman Phleger Visiting Professor at Stanford Law School. ... more

Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of Pennsylvania. She is also the founder and CEO of CHILD USA, a 501(c)(3) nonprofit academic think... more

Joseph Margulies

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

Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.Professor Sarat founded both Amherst College’s Department of Law,... more

Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and Professor of Constitutional Law Emeritus at Harvard Law School, where he has taught since 1968. Born in... more

Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately prior to taking the position at Illinois, Wexler was a Professor of Law at Florida State University,... more