Sherry F. Colb

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 articles in a variety of law reviews, including Stanford, Columbia, N.Y.U., and G.W., on such topics as privacy from police searches, incarceration, reproductive rights, and why courts are more offended by wrongdoing that results in concrete rather than abstract harm. Colb has also published a book about sex equality in the Twenty-First Century, entitled When Sex Counts, and a book about veganism entitled Mind If I Order the Cheeseburger?. Before beginning her career in law teaching, Colb clerked for Judge Wilfred Feinberg of the U.S. Court of Appeals for the Second Circuit and Justice Harry A. Blackmun of the U.S. Supreme Court. She received her J.D. magna cum laude from Harvard Law School and her A.B. summa cum laude and valedictorian from Columbia College.

Columns by Sherry F. Colb

Adjusting IQ Scores so More Minorities Are Eligible for the Death Penalty

Cornell University law professor Sherry Colb discusses the claim that IQ scores of minorities should be upwardly adjusted for the purpose of eligibility for the death penalty. Drawing upon an article on the issue by Robert Sanger, Colb argues that even if the practice of adjusting IQ scores were scientifically supported (which it is not), doing so for death penalty purposes constitutes invidious race discrimination in violation of the federal Constitution.

Donald Trump’s Woman Problem

Cornell University law professor Sherry Colb discusses the sexism Donald Trump displayed during the night of the second Republican presidential debate. Colb points out that Trump’s words reveal his hateful and exploitative attitude toward women and is hopeful that people are prepared to vote accordingly.

What Reactions to the Undercover Planned Parenthood Video Tell Us About Our Values

Cornell University law professor Sherry Colb draws upon the outrage many people felt in response to a video allegedly showing Planned Parenthood officials discussing the sale of fetal body parts and tissue from abortions (video that was subsequently revealed to be edited so as to be intentionally misleading) in order to discuss a different area in which tissue and parts are bought and sold without evoking such broad outrage.

Delayed Trials for Fairer Outcomes?

Cornell University law professor Sherry Colb discusses a proposal by Adam Benforado, author of Unfair: The New Science of Criminal Justice, that one way to improve the criminal justice system would be to conduct and record trials outside of the jury’s presence, then to show edited versions of the recordings to juries after all of the evidence has been presented. Colb explains how this proposal could potentially improve the system and addresses some potential obstacles to its implementation.

What City of Los Angeles v. Patel Might Tell Us About Abortion

Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s decision in City of Los Angeles v. Patel, in which the Court held facially unconstitutional a statute requiring hotel operators to record, keep, and disclose upon demand by law enforcement certain information about their guests. Colb argues that the Court’s reliance on Planned Parenthood v. Casey to find the statute unconstitutional reinforces the link between substantive and procedural privacy.

The Shrinking Fourth Amendment: Heien v. North Carolina

Cornell University law professor Sherry Colb discusses the potential downsides of the U.S. Supreme Court’s holding earlier this year in Heien v. North Carolina, in which the Court held that a police officer could, consistent with the Fourth Amendment right against unreasonable seizures, stop a driver for a behavior that the officer mistakenly but reasonably believes is illegal.

Competing Values in the Conviction of a Woman for Feticide

Cornell University law professor Sherry Colb discusses a recent criminal case out of Indiana, in which a woman was convicted and sentenced for feticide. Colb argues that while the situation as a whole is a tragedy, it also highlights a failure of the State of Indiana to have empathy for women in pain whose circumstances call for mercy rather than a pure retributive impulse.

How Breast Exams Are Like Dog Sniffs

Cornell University law professor Sherry Colb compares medical screening tests with dog sniffs for narcotics with respect to their propensity to yield Type I errors—also known as false positives. In particular, Colb references Justice Souter’s dissenting opinion in Illinois v. Caballes, in which he opined that the possibility that dogs would incorrectly indicate the presence of narcotics and lead to an invasive search meant that such dog sniffs constitute searches for Fourth Amendment purposes.