Articles Tagged with Legal

The Future of the American City

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Cornell law professor Joseph Margulies argues that the current approach to community well-being will not save the American city. Rather, Margulies points out that communities must remove wealth from individual ownership and place it in the shared hands of the community.

What Legal Effect, If Any, Can Recent State Ratifications (Including Illinois’s Earlier this Summer) of the Equal Rights Amendment Have?

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Illinois Law dean and professor Vikram David Amar considers whether the recent purported ratifications by Nevada and Illinois of the Equal Rights Amendment to the US Constitution, proposed in 1972, have any legal effect. Amar proposes seven questions and answers raised by these states’ actions and argues that even if a 38th state were to ostensibly ratify that amendment (the number needed to amend the Constitution), it could not be considered part of the Constitution.

Can a Vegan Win the Presidency?

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Cornell law professor Michael C. Dorf considers whether a vegan generally, and New Jersey Democratic Senator Cory Booker specifically, would have a shot of winning the presidency in 2020. Dorf explains how food plays an important role in politics and considers whether the election of a vegan to the highest office in the land is likely to hurt or help the vegan movement.

Fear Itself: What Bob Woodward Finds in Trump’s “Crazytown”—and What He Doesn’t Look For

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Dean Falvy, a lecturer at the University of Washington School of Law, critically reviews of Bob Woodward’s Fear: Trump in the White House (Simon & Schuster, 2018), finding that while the book adds considerable detail to our portrait of Trump’s behavior in office, it overlooks (or ignores) much of the larger picture of President Trump’s character, career, and presidency. Falvy takes a close look at both the substance and style of Fear, delving into the strengths and limitations of Woodward’s “free indirect” style of narrative as well as the substance of his insider interviews, especially that of Trump’s former personal attorney John Dowd. Falvy predicts that Dowd’s statement to Woodward that Trump is a habitual liar lays the groundwork for a final line of defense for Trump: that even Trump’s own statements cannot be reliable evidence of obstruction of justice or other crimes.

Texas Judges Give Unconstitutional Fetal Remains Law a Proper Burial

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SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a Republican-appointed federal judge striking down (yet another) unconstitutional Texas law that would have required embryonic and fetal remains to be given a “proper” burial. Grossman explains that the judge correctly found the Texas law would have placed an undue burden on women while its purported benefits were “de minimis” at best, in violation of the US Supreme Court’s decision in Planned Parenthood v. Casey.

How Bad Will Things Become? Part Two

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In this second part of a series of columns, GW law professor and economist Neil H. Buchanan considers how the United States, and indeed the world, would shift substantially to the right with a Justice Brett Kavanaugh on the Supreme Court. Buchanan explains not only what might change, but how we can expect that change to come about, as well.

Why It’s Hard for “Independent” Investigations Like the One Concerning Ohio State’s Football Coach Urban Meyer to be Meaningfully Independent

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Illinois Law dean and professor Vikram David Amar discusses the controversy over the so-called “independent investigation” into Ohio State’s football coach Urban Meyer’s handling of domestic violence allegations against one of his longtime assistant coaches, Zach Smith. Amar explains that the investigation is hardly “independent” in any sense of the word when it is funded by the very organization (the university) who has the greatest interest in its findings, and he uses the paradigm of the political system to propose an alternative, truly independent option.

Archbishop Vigano Calls for the Pope’s Resignation Because the Pope Did Nothing About Sex Abuse by Cardinal Theodore McCarrick—Is He Kidding?

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Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments critically on a letter by Archbishop Carlo Maria Vigano suggesting that Pope Francis resign because he knew about Cardinal Theodore McCarrick sexually abusing seminarians and did nothing. Hamilton points out that bishops across the United States have been complicit in, or have covered up, countless acts of abuse, and if suddenly now one bishop is calling for everyone who played a part in cover-ups to resign, then it logically follows that the entire Church hierarchy must go.

Why I Do Not Give Trigger Warnings

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Cornell law professor Sherry F. Colb describes the recent trend among professors to give “trigger warnings” prior to discussing sensitive materials with students and explains why she has chosen not to provide such warnings to her students. Colb points out that there is no reliable evidence that the warnings work as advertised; rather, they might actually do more harm than good. Colb concludes that an education necessarily means encountering ideas and theories that do not sit well with what one already believes, and students should not have the right to skip days or receive warnings when professors will be talking about unwelcome facts or theories.

Judge Kavanaugh on the Second Amendment

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Alan Brownstein, an emeritus law professor at UC Davis Law, comments critically on the sole opinion—a dissent—US Supreme Court nominee Brett Kavanaugh has written about the Second Amendment. Brownstein points out two critical fallacies of Judge Kavanaugh’s position with respect to Second Amendment challenges to gun regulations articulated in that dissenting opinion.

Transitional Justice Lessons Regarding Complex Victims for #MeToo

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Illinois law professor Lesley Wexler comments on the recent allegations that Asia Argento—an alleged victim of Harvey Weinstein and vocal #MeToo advocate—committed statutory rape against then-17-year-old Jimmy Bennett. Wexler argues that if the allegations are true and Argento is what is known as a “complex victim,” society should judge Argento neither more harshly, by virtue of the female perpetrator’s violation of traditional gender roles, nor less harshly, simply because she is also a victim, than other complex victims.

Accountable Capitalism and Progressive Prosperity

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GW Law professor and economist Neil H. Buchanan explains why the notion of a completely “free” market is nonsensical and argues that Senator Elizabeth Warren’s proposed Accountable Capitalism Act would make capitalism in this country work better. Buchanan points out that there is not a baseline of “no rules” in any society; rather, the government has already simply set certain rules, and those who disproportionately benefit from those rules do not wish them to change.

The Ongoing Salience of Brett Kavanaugh’s Lurid Memo to Ken Starr

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Cornell law professor Michael C. Dorf comments on the recently publicized memorandum Brett Kavanaugh wrote in 1998 in the course of his work for Independent Counsel Kenneth Starr, who was conducting the investigation of President Bill Clinton. Dorf points out that the sexually explicit questions Kavanaugh proposed in his memo should have been ruled inadmissible under applicable procedural rules. Inspired by Kavanaugh’s own line of questioning, Dorf concludes by proposing a question that he calls upon a senator to ask Judge Kavanaugh during his nomination hearing.

The More Things Change: Donald Trump and the National Security State

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Cornell law professor Joseph Margulies describes the ways in which the United States has changed (and remained the same) in its approaches to national security, from President George W. Bush to President Barack Obama to President Donald Trump. Margulies refers to a column he wrote in January 2017 predicting the trajectory of national security under President Trump and points out that many of his predictions have come to pass.

Why Elizabeth Warren Is Right That Capitalism Should Be Great

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GW Law professor and economist Neil H. Buchanan explains why it is a false equivalence to say (as some journalists have said) that while Republicans have embraced increasingly extremist positions, so too have Democrats. Buchanan argues that true capitalism does not mean lack of rules altogether but simply a collection of rules that promote competition and fairness.

“Casing” Brett Kavanaugh: Why Senate Hearings Can and Should Explore His Views on Past Supreme Court Cases, and at the Very Least His Views on Applying Originalism Where It Would Lead to Progressive Results

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Illinois Law dean and professor Vikram David Amar explains why the norm of not asking a Supreme Court nominee about his specific views about specific cases does not make sense and renders the hearing unhelpful in evaluating him as a potential justice. Amar explains the distinction between promising to rule in a certain way and predicting how one might rule, and he debunks some of the reasons often given for the norm of not asking (or answering) these types of questions during the confirmation hearing.

A Law in Austria That Would Have Forced Jews and Muslims to Register for Meat

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Cornell law professor Sherry F. Colb explains the controversy over a proposed (but failed) law in Austria that would have regulated the consumption of Kosher and Halal meat in Lower Austria, one of nine states in that country. Colb points out that the law could not have achieved its purported purpose, to promote the welfare of animals, because it would have permitted animals to be slaughtered at all. Rather, it would have required that religious Jews and Muslims register with the government—just as they were required to do under Nazi rule. Colb also observes that while the law invidiously targeted religious Jews and Muslims, no one seemed to consider that the intended targets could avoid the law altogether by becoming vegans.

Time for a New—and Effective—Antitrust

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Thomas Greaney and Samuel Miller—both adjunct professors at UC Hastings College of the Law and former attorneys with the Antitrust Division of the US Department of Justice—describe how antitrust law in the United States no longer operates as a legal sword to keep markets competitive, but as a shield to protect large companies from competition. Greaney and Miller call for a renewal of the antitrust enterprise using the best of current economics informed by a realistic appreciation for how markets actually work in the real world.

Why I Didn’t Sign the Kennedy Clerks’ Letter Supporting Confirmation of Brett Kavanaugh

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Cornell law professor Michael C. Dorf describes why he chose not to join the 72 other former law clerks of Justice Anthony Kennedy who signed a letter urging the confirmation of Judge Brett Kavanaugh. Dorf explains that the letter is at best misleading, and he argues that while a norm of deference may be preferable, that norm no longer exists, and deference to the president’s choice in this age of extreme polarization would amount to unilateral Democratic disarmament.

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 on the Urbana-Champaign campus. Immediately prior to taking the position at Illinois i... 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 the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in constitutional criminal procedure, evidence, and animal rights. She has published articles in a variet... 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 six books on constitutional law... 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 the Robert A. Fox Leadership Program Professor of Practice, and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion at the University of Pennsylvani... 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

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, whose... more