Tag Archives: Legal

Should the Law Permit Sexual Contact Between Police and Suspects?

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Cornell University law professor Sherry F. Colb comments on the law in at least three states that permits police officers to have sexual contact with people they suspect of prostitution. Colb explains the rationale behind these laws and argues that under three prevailing philosophical approaches to the law—libertarian, feminist, and traditional morality-based—such contact should not be permissible.

Got Milk? Eleventh Circuit Holds That Discrimination Because of Employee’s Breastfeeding is Unlawful Discrimination

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SMU Dedman School of Law professor Joanna Grossman comments on a recent decision in which the US Court of Appeals for the Eleventh Circuit recognized that discrimination because of an employee’s breastfeeding constitutes illegal pregnancy discrimination. Grossman explains the facts leading up to the case and explains why the court found that the employer, the Tuscaloosa Police Department, had violated the employee’s rights under the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act.

A Republican Reverie: If Only Clinton Had Won!

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George Washington law professor and economist Neil H. Buchanan argues that a Clinton victory in 2016 would have been better for Republicans than Trump has been. Buchanan explains why Republican obstructionism, if carried into a Clinton presidency, would have meant longer-term wins for Republicans across multiple branches of government.

Supreme Court of India Protects a Right to Privacy

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Cornell University law professor Michael C. Dorf comments on a recent decision by the Supreme Court of India in which that court ruled that the Constitution of India protects a right of privacy. Dorf explains the significance of the decision not only for the largest democracy in the world, but also for people in other constitutional democracies, including the United States.

Can Texas Require Separate Insurance Coverage For Abortion?

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Cornell University law professor Sherry F. Colb considers a recently passed Texas law that will require people who want insurance coverage for non-emergency abortions to buy an additional, separate policy from their regular health insurance policy. Colb explains that proponents of the law argue that individuals should not have to fund practices with which they fundamentally disagree, but she points out that many taxpayers provide funding for government activities with which they fundamentally disagree and this situation is arguably no different from those.

Out in the Open: The Alt-Right Learns About Privacy in the Modern World

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Joanna L. Grossman, SMU Dedman School of Law professor, and Lawrence M. Friedman, a Stanford Law professor, comment on the decreased privacy of the modern world, as recently illustrated by the very public identification of some of the alt-right demonstrators in Charlottesville, Virginia, from photos and videos of the rally. Grossman and Friedman point out that technology is making anonymity a thing of the past and that only affirmative legislative changes, such as recognition of a “right to be forgotten,” can alter that course.

An Accidental Argument for Progressive Taxation from One of the Marie Antoinettes of the Trump Administration

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George Washington law professor and economist Neil H. Buchanan comments on the response of Louise Linton, wife of Treasury Secretary Steve Mnuchin, to criticism regarding her bragging about wearing expensive clothes in a government jet. Buchanan points out that Linton’s path to fortune is based not on her hard work but largely on circumstances beyond her control, and he argues that simply being a billionaire does not necessarily mean one has positively contributed to society to get there.

Free Speech Issues Raised by Internet Companies Denying Service to Neo-Nazi Sites

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Cornell University law professor Michael C. Dorf uses the refusal of private internet domain registrars to do business with neo-Nazi website The Daily Stormer to illustrate the need for a change in the law. Dorf acknowledges that in the case of The Daily Stormer, no rights were violated, and the companies acted within their terms of service. However, Dorf argues that Congress should impose obligations to respect freedom of speech on companies that provide essential internet services to avoid the future possibility that such private companies stifle speech of worthy organizations and legitimate causes.

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.

It’s an Either-Or Question: Trump or Decency

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Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, minces no words in criticizing President Trump’s taking sides with neo-Nazis and supporters of the KKK. Hamilton calls upon everyone to make known where they stand—either with Trump in betraying fundamental American values, or on the side of decency.

The Meaning of an Alabama Abortion Law Governing Minors

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Cornell University law professor Sherry F. Colb explains the meaning behind an Alabama law governing minors who wish to have an abortion but are unable or unwilling to get their parents’ consent. Colb argues that the law was correctly struck down in federal court, but that the message the law’s passage sends is clearly hostile to women’s right to abortion.

Indicting the President: President Clinton’s Justice Department Says No

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Chapman University Fowler School of Law professor Ronald D. Rotunda explains his legal conclusion in the opinion letter he authored for Ken Star regarding the ability of a federal grand jury to indict a sitting president. Rotunda points out that the key difference between then and now is the presence of a special prosecutor statute protecting independent counsel from removal.

Why One Can Support Affirmative Action but Oppose Favoring Whites Over Asians When Administering It

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Illinois Law dean and professor Vikram David Amar comments on the recent indications that the Trump Justice Department will investigate and possibly sue colleges and universities that make use of race-based affirmative action. Without expressing views as to the merits of pending lawsuits, Amar explains how one can simultaneously support race-based affirmative action and oppose the so-called “Asian penalty”—that is, systematically requiring Asian American applicants to have higher scores than white applicants.

What Do Colleges Have to Fear From Trump Justice Department’s Anti-Affirmative Action Policy?

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Cornell University law professor Michael C. Dorf highlights some potentially dangerous consequences of the Justice Department’s recent indication that it would be investigating and suing colleges and universities that practice affirmative action. Dorf points out that the executive branch holds significant power over both public and private universities and colleges, and that it could exercise that power to induce significant changes in admissions policies.

Phillips

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Cornell University law professor Joseph Margulies describes the remarkable transformation of Phillips, a community in Minneapolis, from “Murderapolis” to a thriving, vibrant, safe community. Margulies uses this example to point out that when police and communities they serve work together effectively, truly positive change can emerge.

What the Charlie Gard Controversy Teaches Us About Parental Rights

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Cornell University law professor Sherry F. Colb comments on the controversy over Charlie Gard, an infant in England who was born with a rare genetic condition that is typically fatal in infancy or early childhood. Colb describes the legal journey of Charlie Gard and his parents and proposes ways in which the laws in the United Kingdom and the United States might inform each other.

Unsolicited Opinion: The Department of Justice Files Brief Urging Court to Block Rights for LGBT Employees

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SMU Dedman School of Law professor Joanna L. Grossman and Chicago-Kent College of Law professor Anthony Michael Kreis comment on a brief recently filed by the U.S. Department of Justice arguing that Title VII of the Civil Rights Act of 1964 does not protect against sexual orientation discrimination. Grossman and Kreis point out the flaws in the DOJ’s arguments and explain the dangerous consequences its position will have if it prevails.

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.

The Democrats’ Better Way: Positive Messaging or Pandering to Trump Voters Who Are Never Coming Back?

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George Washington law professor and economist praises Democrats for coming up with a message that preserves the party’s commitment to social justice issues, rather than attempting to woo Trump voters by appealing to what Trump appealed to. Buchanan cites evidence supporting the argument that Democrats can retake the House in 2018 without sacrificing principles to win back Trump voters, by instead focusing on those who didn’t vote in 2016.

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