Illinois Law dean and professor Vikram David Amar laments the present state of the federal judiciary system, recently illustrated by Senator Chuck Grassley's call to conservative Supreme Court justices to retire promptly. Amar explains why the proposal of term limits for Supreme Court justices would address some of the concerns of partisanship and would not present issues of judicial independence or due process.
George Washington law professor and economist Neil H. Buchanan explains why the country is not going to be any less divided whether President Trump is impeached or simply not reelected. Buchanan calls upon both sides to acknowledge the strong forces that seek to divide us and to adapt accordingly and realistically.
Cornell University law professor Michael C. Dorf discusses a statement by AT&T CEO Randall Stephenson calling his company’s decision to hire Donald Trump’s personal lawyer Michael Cohen “a big mistake.” Dorf describes under what circumstances AT&T’s hiring of Cohen would amount to a crime, and under what circumstances his hiring would not only be legal but a corporate obligation. As Dorf explains, the proper classification of the decision requires more information than the public currently has.
Cornell University law professor Joe Margulies comments on the confirmation hearing of Gina Haspel for director of the Central Intelligence Agency. Margulies initially expressed reservations about Haspel, but he explains her strengths and weaknesses and draws the important distinction between someone who is good for the Agency and someone who is good for the country.
Illinois Law professor Lesley Wexler comments on the possibility that President Donald Trump could receive the 2018 Nobel Peace Prize. Wexler consider the possibility unlikely, but she explains why it’s not so far-fetched as it might seem at first glance.
Marci A. Hamilton—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 Fox Leadership Program at the University of Pennsylvania—analogizes Marvel’s blockbuster Avengers movie with the far more serious (and real) fight for justice for sexual assault victims. Hamilton explains in terms understandable to any moviegoer why statutes of limitations on sexual abuse claims allow the “bad guys” to win.
Cornell University law professor Sherry F. Colb examines two (real, but slightly altered) conversations in order to explore the thoughts and feelings that might affect the weight we give to principles that support our positions, while disregarding the same principles when they run contrary to our positions. Colb describes the interrelatedness of conversations that arise regarding rape, racism, and free speech, specifically in the context of college fraternities, but applicable to many other situations.
Illinois Law professor Lesley Wexler comments on the Windrush scandal developing in the United Kingdom, just one example of immigration policies that affect not only undocumented migrants present unlawfully but also undocumented citizens present lawfully. Wexler explores the reasons for the scandal and identifies troubling shortcomings in the apology and remedy offered.
Illinois Law dean and professor Vikram David Amar relates insights on campus free speech principles that came up during a recent discussion with renowned constitutional commentators Erwin Chemerinsky and Geof Stone. Among the insights are some possible explanations for why many college students today seem opposed to allowing offensive speech on campus, the different perspectives on the proper role of university officials regarding controversial guest speakers, and the question of when the costs of providing security for controversial speaker events justifies the cancellation or termination of the event.
George Washington law professor and economist Neil H. Buchanan debunks the supposedly simple solutions some purported economists have for complex problems. Buchanan explains that regardless of where one is on the political spectrum, complex social and economic issues—particularly the housing crisis affecting many cities across the country—require considering a number of factors and cannot be solved by “simply” assuming away real-life complications.
Cornell University law professor Michael C. Dorf comments on a recent Ninth Circuit decision rejecting an effort by PETA to bring a copyright lawsuit on behalf of Naruto, a crested macaque. Dorf points out that while the result in that case is unsurprising, the court’s reasoning raises important questions about the role of lawsuits and law more generally in furthering the interests of nonhuman animals.
In this first of a multi-part series of columns about the legal duties of broker-dealers, Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, defines fiduciaries and explains the rationale for their duties. In the following columns, Frankel considers the significance of specific words in this context, the legal consequences of such words, and potential ramifications.
Cornell University law professor Joseph Margulies describes some of the positive and negative consequences for whichever city Amazon decides will be home to its second headquarters. Margulies looks specifically at Olneyville—a low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island, and concludes that on balance, the benefits of Amazon choosing Boston for its second headquarters could outweigh the risks to communities like Olneyville. Margulies calls upon Providence and indeed all cities to make firm, non-negotiable, legally binding commitments to protect and preserve affordable housing and to make sure that the benefits flow equitably to all residents.
Illinois Law professor Lesley Wexler explores the narrative of the so-called career death penalty that has arisen from the #MeToo movement and considers lustration—a process of purging or vetting individuals responsible for abuses of the state—as a mechanism to govern some of the high-profile harassers. Wexler calls upon the public and the media to help create a different story—a better world—where individuals who have engaged in harassment no longer need to serve as cultural or economic arbiters.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, praises Olympic gold medalist in judo Kayla Harrison’s book Fighting Back: What an Olympic Champion’s Story Can Teach Us About Recognizing and Preventing Child Sexual Abuse—And Helping Kids Recover. Hamilton describes the book as ambitious, but well worth reading, especially for teachers, coaches, youth-serving organizations, and every parent intent on preventing the sexual abuse of their children.
George Washington law professor and economist Neil H. Buchanan comments on the entrance of popular TV shows into the political fray, especially (recently) “Roseanne.” Buchanan argues that for Roseanne Conner to be portrayed as a Trump supporter is inconsistent with her (fictional) character as developed over the years.
SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.
Cornell University law professor Sherry F. Colb explains why Atlantic writer Kevin Williamson’s call for hanging (or otherwise executing) women who abort reveals misogynist thinking at work. Colb describes how sexism differs from misogyny and points out why the latter is worse than the former.
Illinois Law dean and professor Vikram David Amar comments on Tim Draper’s proposal to divide California into three separate state. Amar describes what the proposal would do and provides three levels of hurdles that will (and Amar argues should) make the proposal a difficult sell, particularly among rational Democrats, who make up the majority of California voters.
Cornell University law professor Michael C. Dorf comments on an exchange during the confirmation hearing of Wendy Vitter, whom President Trump has nominated for a federal district court judgeship, in which Vitter declined to answer whether she thought Brown v. Board of Education was rightly decided. Dorf points out that Vitter’s refusal to answer that question may have been an attempt to avoid further scrutiny about her views about abortion but also served to inadvertently acknowledge what conservatives routinely deny—that a judge’s “personal, religious, and political” views necessarily interact with the legal materials.