Tag Archives: 2016 Presidential Election

Trump’s Final Strategy to Win the White House

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John W. Dean, former counsel to President Nixon, takes a close look at Donald Trump’s twofold strategy to win the election—Trump’s own electoral map, and his attempts to suppress voters. Dean argues that the only way for Trump to win is to bully his way into the White House, and Dean calls upon Democrats to prevent Trump and his supporters from using physical intimidation to suppress the vote.

Education, the 2016 Election, and the Future

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Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the connection between an educated society and a successful, effective representative democracy. Hamilton argues that a significant reason that uneducated voters are more likely to vote for Donald Trump than educated voters are highlights this country’s failure to ensure that every student is adequately educated, particularly with respect to government.

Two Big Legal Misconceptions That Have Recently Arisen in the Presidential Race

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Illinois Law dean Vikram David Amar and California civil litigation attorney Michael Schaps address two common misconceptions about the relationship between criminal law and politics that recently arose in the presidential race. Amar and Schaps explain first why the presumption of innocence does not apply to politics, and second, why the president actually does have the power to order prosecutions.

The WikiLeaks Nothingburger

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George Washington law professor and economist Neil H. Buchanan describes how news outlets are stretching to try to make news out of the contents of the Clinton campaign emails released by WikiLeaks. Buchanan argues that the emails reveal nothing remarkable or problematic about the Clinton campaign’s inner workings and in fact support her claim of fitness for presidency.

The Fury of the Mob: Comparing the Calls to Prosecute Clinton and Bush

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Cornell University law professor Joseph Margulies compares and contrasts Donald Trump’s call for Hillary Clinton’s imprisonment and the same call against George W. Bush. Although he disagrees with both attempts to seek prosecution, Margulies argues that the call for Clinton’s imprisonment is at best akin to a lynch mob, whereas at least the desire to have Bush prosecuted reflects a good-faith attempt to use the law to punish war crimes.

“Prison for Hillary”

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John W. Dean, former counsel to President Nixon, comments on Donald Trump’s recent calls for the imprisonment of Hillary Clinton. Dean points out that jailing political opponents is a tactic of dictators, not democracies.

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.

Battle of the Sexist: The Implicit, Explicit, and Unrelenting Bias of Trump’s Presidential Campaign

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SMU Dedman School of Law professor Joanna L. Grossman and Boston University law professor Linda C. McClain discuss the sexism that pervades Donald Trump’s presidential campaign. Grossman and McClain comment not only on the presidential debates, but also on the bigger question whether (and how) a woman can be perceived as “presidential.”

Republicans Always Lose the Tax Fairness Debate, and Trump Turns It Into a Rout

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George Washington law professor and economist Neil H. Buchanan explains why, with the information that we currently have, there is no way to determine whether Donald Trump’s tax strategies were legal or illegal. Buchanan argues that regardless of the answer to that question, there are still too many special provisions for people like Trump—particularly with respect to the real estate sector.

Good Economic News Is Good for Clinton and Bad for Trump

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George Washington law professor and economist Neil H. Buchanan revisits Donald Trump’s proposed economic policies in his latest column. Buchanan summarizes these policies and explains why they are counterintuitive to the reality of today’s improving U.S. economy. Trump merely repeats the same talking points and claims the economy will continue to falter without the benefit of his leadership, despite all evidence to the contrary. This, Buchanan notes, offers Hillary Clinton the opportunity to present a positive counter-view and gain much-needed momentum leading up to the election.

The Future of the Supreme Court, Regardless of Who Wins the Election

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Cornell University law professor Michael C. Dorf explains what can be deduced about the Supreme Court's future, even before the 2016 US presidential election. Dorf references the role that the Court plays in American public life while also offering notable examples of areas where the Court has little to no say. Additionally, Dorf reminds readers that many more cases are decided unanimously than by a single vote and that it is difficult to predict future ideological divisions among justices, regardless of whether they were nominated by a Republican or Democratic president.

Trump’s Economic Policy Announcements Keep Changing, But They Never Get Better

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George Washington law professor and economist Neil H. Buchanan explores US presidential candidate Donald Trump’s frequently changing economic policy announcements. Buchanan highlights why Trump’s proposed policies are difficult to assess by noting that most lack sufficient detail to predict how they might work in practice. Buchanan also evaluates Trump’s statements, to the extent possible, compares them to Hillary Clinton’s positions on the same issues, and explains where Trump’s would ultimately fall short, should he win this November.

Trump Throws Off the Last Pretense That His Campaign Is Not About Bigotry

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George Washington law professor and economist Neil H. Buchanan comments on Donald Trump’s inclusion of Brexit provocateur Nigel Farage as a speaker at a rally in Mississippi. Buchanan argues that the presence of such an openly anti-immigrant, whites-first agitator alongside Trump can mean only one thing about Trump’s own campaign for president.

An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States

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A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton writes an open letter to Democratic Presidential Candidate Hillary Clinton on behalf of sexual abuse victims around the country. Hamilton asks Clinton what she will do as President of the United States to address the problem of child sex abuse and to help improve victims’ access to justice.

Trump’s Law and Order Versus the Rule of Law

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Cornell University law professor Michael C. Dorf explains the difference between “law and order,” a term Donald Trump uses to describe his approach to governance, and “rule of law,” a principle that those in positions of authority exercise their power even handedly and consistently, within a framework of public norms. As Dorf explains, Trump’s law-and-order message, taken in conjunction with his observed business practices, is that of an authoritarian ruler—one who imposes rules on others yet sees himself above and unconstrained by law.

Melania Trump’s Plagiarism Fiasco

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John W. Dean, former counsel to President Nixon, explains why Melania Trump’s plagiarism fiasco might not simply fade away, and he argues that it reveals more about Donald than Melania. Dean dissects the situation and the bogus responses by several people in or close to Trump’s campaign.

Three Important Constitutional Lessons to Take From FBI Director Comey’s Statements About Hillary Clinton’s Email Management

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Illinois Law dean and professor Vikram David Amar describes three lessons we should take from FBI Director Comey’s statements about Hillary Clinton’s email management. First, Amar points out that the president is the ultimate decisionmaker when it comes to all criminal prosecutions. Second, he argues that there are other ways that Republican leaders could seek to punish Ms. Clinton for what they believe to be wrongdoing—such as the impeachment process. Finally, Amar suggests that to prevent Republicans (or others) from doggedly trying to prosecute Ms. Clinton for years to come, regardless of the outcome of the presidential election, President Obama could pardon her just before he leaves office, as other presidents have done in numerous instances.

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