Cornell Law professor Sherry F. Colb reflects on what the acquittal of Kyle Rittenhouse tells us about domestic violence and society’s expectations based on gender. Professor Colb argues that the law of self-defense, especially as it is developing away from the duty to retreat, demonstrates gender inequality within the criminal justice system by favoring testosterone-fueled vigilantes over the women who choose to survive rather than succumb to domestic violence.
Cornell Law professor Sherry F. Colb explains why “abortion pride”—in the sense of coming out about having had an abortion—can help eliminate the shame and stigma associated with the procedure. Professor Colb points out that just as gay pride is more than simply pride in one’s sexual attractions but the creation of a community of people with like experiences, abortion pride can potentially reduce the need for specially designated support groups and help them chat unselfconsciously with other people with similar experiences.
In light of next week’s oral argument in a high-profile case involving the federal government’s challenge to a restrictive Texas abortion law, Cornell Law professor Sherry F. Colb explains what we can learn from the law’s failure to grant an exception to its near-absolute prohibition against abortion for pregnancies that result from rape or incest. Professor Colb argues that by refusing to permit the women of Texas to terminate pregnancies resulting from rape and by simultaneously allowing lawsuits against those assisting such terminations, the state of Texas deputizes a rapist to forcibly impose an entire pregnancy upon the victim of his choice.
Cornell Law professor Sherry F. Colb responds to some of the consensus views among pro-life advocates that reflect how they understand pregnancy. Professor Colb debunks the illogical argument that a zygote is a person and explains why the view of pregnancy as merely the placement of a zygote “somewhere” (i.e., inside a woman) to grow into a person is simplistic and misogynistic.
Cornell Law professor Sherry F. Colb describes how Texas’s abortion statute SB8 is similar to middle-school bullying in the way that it scares everyone into persecuting or shunning anyone who associates with a woman seeking an abortion. Professor Colb explains that by creating “untouchables,” the law compels everyone—even those who are not opposed to abortion—to avoid having anything to do with a woman who has had or is seeking to have an abortion.
Cornell Law professor Sherry F. Colb responds to the anti-abortion argument that anyone who does not want to keep a baby can and should give them up for adoption. Professor Colb points out that the pain and discomfort associated with carrying a child to term are tolerable only if one wants to keep the resulting baby; if one does not want or cannot keep a child, then pregnancy is intimate and intense suffering in a way that may be intolerable for the woman.
Cornell Law professor Sherry F. Colb comments on a blatantly unconstitutional Texas anti-abortion law that the U.S. Supreme Court recently declined to enjoin, pointing out the unusual structure of the legislation and the hypocrisy of “conservatives” who support it. Noting from the outset that the so-called heartbeat to which the legislation refers is not from an actual heart, but pulsing, undifferentiated cells, Professor Colb highlights the hypocrisy of so-called conservatives who favor insulating most civil defendants from suit while inviting nearly anyone to sue for “aiding and abetting” performance of an abortion.
Cornell Law professor Sherry F. Colb explains why the view that hate crime legislation violates the freedom of speech is incorrect and has radical and undesirable logical implications. Professor Colb points out that speech in this context is used as a basis for inferring a person’s motive, and people generally agree that motive can be a relevant consideration in determining whether certain conduct is permissible.
Cornell Law professor Sherry F. Colb reflects on what the resignation of New York Governor Andrew Cuomo means about the #MeToo movement. Professor Colb examines the structure of allegations of gendered misconduct, and she points out that the small number of men who victimize women tend to do it repeatedly unless and until someone puts a stop to it once and for all.
Cornell Law professor Sherry F. Colb explains why listening to people is a better way to persuade them to change their position on an issue than calling them out for inconsistency. Professor Colb navigates a hypothetical conversation to demonstrate how thoughtful attention and humility can be more convincing than arguing or attacking.
Cornell Law professor Sherry F. Colb comments on the U.S. Supreme Court’s decision in Edwards v. Vannoy, in which it held that a prisoner may not invoke the denial of his Sixth Amendment right to a unanimous jury as a basis for challenging his criminal conviction when filing a federal habeas corpus petition. Professor Colb explains why, if cost/benefit analysis played a role in determining retroactivity, the Court perhaps should have decided that case the other way.
Cornell Law professor Sherry F. Colb comments on the Pennsylvania Supreme Court’s recent decision overturning Bill Cosby’s conviction for the sexual assault of Andrea Constand. Professor Colb makes clear that the court’s actions in that case do not exonerate Bill Cosby; rather, it remains true that a jury of his peers convicted him of sexual assault based on proof beyond a reasonable doubt.
Cornell Law professor Sherry F. Colb comments on a decision by the U.S. Supreme Court this term holding that the Uniform Code of Military Justice (UCMJ) contains no statute of limitations for rape. Professor Colb argues that the Court stretched the language of the statute to reach a “desirable” decision, demonstrating that judges at all levels can interpret a statute to reach the result they want to reach.
Cornell Law professor Sherry F. Colb comments on a recent interview in which actor Joaquin Phoenix, who is vegan, said that he would not “force” his nine-month-old son River to be vegan, though he hoped he would be. Professor Colb explores why the question and his answer have provoked strong responses among vegan activists and offers an alternative understanding of his statement that supports, rather than undermines, veganism.
Cornell Law professor Sherry F. Colb comments on the U.S. Supreme Court’s recent decision in Caniglia v. Strom, holding that police may not enter a private home to perform a “community caretaking” function without having a search warrant. Professor Colb suggests that by recognizing limits on the authority of law enforcement officers to enter a home without a warrant in these circumstances, the Court may be implicitly adopting the message of “defunding the police” by reallocating a non-police function to better-suited responders, such as social workers or mental health experts.
Cornell Law professor Sherry F. Colb responds to an observation made by U.S. Supreme Court Justice Clarence in his concurring opinion in Jones v. Mississippi, noting an ostensible inconsistency in the language liberals use in discussing incarceration, as compared to pregnancy. Professor Colb acknowledges the face value of Justice Thomas’s point—that liberals refer to minors seeking an abortion as “women” and minors facing life imprisonment without the possibility of parole (“LWOP”) as “children”—but she points out that the difference in terminology reflects a consistent view that minors are not fully developed and should not be forced to do irreversible “adult” things like carry a pregnancy to term or serve a mandatory LWOP sentence.
Cornell Law professor Sherry F. Colb explains why refusing to wear a mask is similar to refusing to wear a condom during intercourse with a partner who requests the use of a condom. Professor Colb points out that in both cases, the person is prioritizing himself over others and disregarding others’ safety.
Cornell Law professor Sherry F. Colb comments on a recent episode of the podcast “Making Sense,” in which host Sam Harris talked with guests Bruce Friedrich and Liz Spech of the Good Food Institute about how we might all go about saving the world from climate disaster. Professor Colb notes a key point of discussion, that production and consumption of animal-based foods is a major contributor to the climate crisis, and argues that we just have to make ethical eating virtually identical to or better than unethical eating if we want to bring the vast majority of humanity along.
Cornell Law professor Sherry F. Colb responds to the documentary mini-series called Allen v. Farrow, about Woody Allen, Mia Farrow, and the allegations of sexual abuse that their daughter Dylan made against her father. Professor Colb explains why it seems plausible that the man who lied casually on the phone with his ex-girlfriend would be capable of doing whatever he wanted to do, whatever he thought (correctly) he could get away with.
Cornell Law professor Sherry F. Colb describes some ways in which we resist positive change; specifically, she describes her initial hesitation to becoming an ethical vegan and the rationalizations we use to justify resisting positive change. Professor Colb argues that animals are different from inanimate objects, and we must recognize that when anyone suffers, anyone regardless of species, we have an evil that rightly commands our attention and action.