Analysis and Commentary on Civil Rights
How Should Courts Evaluate a Treatment Decision by a Government Doctor That Takes into Account the Patient’s Race? The Ninth Circuit Doesn’t Quite Get Things Right

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, critique a recent decision by the U.S. Court of Appeals for the Ninth Circuit considering whether and when a government physician can take into account a patient’s race. Amar and Schaps argue that the court’s analysis is internally consistent and legally flawed, as well.

Protection Against Sexual Harassment Is Alive and Well in the Sixth Circuit

Hofstra University law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Sixth Circuit, in which the court affirmed a jury verdict in favor of a sexual harassment plaintiff. Grossman describes the facts leading up to the case and explains why the jury and the appellate court came to the correct conclusion as a matter of fact and law.

Course Correction: Young v. United Parcel Service Makes Courts Focus on Right Issues, but Also Reveals Limits of PDA

Hofstra University law professor Joanna Grossman discusses the effect that the U.S. Supreme Court’s decision in Young v. United Parcel Service has had on cases arising under the Pregnancy Discrimination Act (PDA), as well as the limitations of that decision. Grossman argues that while the decision helped give effect to the intended purpose of the PDA, it did not and could not expand the scope of the statute, which is what is now needed to adequately protect pregnant workers.

Trump Inadvertently Highlights Restroom Inequality

Cornell University law professor Sherry Colb draws upon recent comments by Republican presidential candidate Donald Trump in order to explore the sexism of having a separate “ladies’ room.” Colb responds to two of the most common objections to unisex restrooms and calls upon more people to demand them in public places.

Distinction Without a Difference: Federal Court Says Sexual Orientation Discrimination Is Sex Discrimination

Hofstra University law professor Joanna Grossman discusses a recent decision by a federal district court denouncing the legal distinction between sex discrimination and sexual orientation discrimination. Grossman praises the reasoning behind the decision and expresses hope that other courts will follow suit in recognizing “as illusory and artificial” any distinction between the two brands of discrimination.

Enactment of the Women’s Equality Agenda: A Fitting Bicentennial Birthday Gift for Elizabeth Cady Stanton

Hofstra University law professor Joanna Grossman discusses New York’s enactment of the Women’s Equality Agenda, which nearly coincides with the 200th birthday of women’s rights champion Elizabeth Cady Stanton. Grossman describes the history behind the Women’s Equality Act as well as the provisions it codifies.

Dred Scott After Nearly Two Centuries

Chapman University law professor Ronald Rotunda the lead-up and history of the U.S. Supreme Court’s infamous Dred Scott decision—in which the Court in 1857 held that African Americans could not be American citizens and therefore could not sue in federal court. Rotunda explains how the case progressed through the state and subsequently federal courts, and discusses how the decision affected some of the justices sitting on the Court at the time.

For the Love of Batgirl: California Passes Much-Needed Fair Pay Law

Hofstra University law professor Joanna Grossman describes California’s recently passed Fair Pay Act, which promises to help alleviate the equal pay gap where the federal government has fallen short. Grossman explains the key findings by the California legislature and the new law changes the landscape for female workers in that state.

Marriage Litigation in the Wake of Obergefell v. Hodges

Chapman University law professor Ronald Rotunda comments on the first of a wave of litigation sparked by the U.S. Supreme Court’s decision in Obergefell v. Hodges recognizing a constitutional right to same-sex marriage. Rotunda points out that in some cases, lower courts handling these cases have not adequately discussed or distinguished the relevant cases.

Is Three Still a Crowd? Polygamy and the Law After Obergefell v. Hodges

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on a recent legal challenge—based on the U.S. Supreme Court’s same-sex marriage decision in Obergefell v. Hodges—to state anti-polygamy laws.

From Zero to Fifty in Eleven Years: The Supreme Court Declares the Right of Same-Sex Couples to Marry in Obergefell v. Hodges

Hofstra University law professor Joanna Grossman comments on today’s landmark decision by the U.S. Supreme Court holding that the federal Constitution does not allow any state to prohibit the celebration or recognition of marriages by same-sex couples.

U.S. Supreme Court Recognizes Constitutional Right to Same-Sex Marriage

Attorney and writer David Kemp describes today's landmark holding by the U.S. Supreme Court granting marriage equality in all fifty states. Kemp also provides a recap of the past Verdict columns that have documented marriage equality's path to the Supreme Court since United States v. Windsor was decided in June 2013.

Last Gasps: Texas Tries to Stop Court From Granting Same-Sex Divorce

With the U.S. Supreme Court’s same-sex marriage decision looming, Hofstra University law professor Joanna Grossman discusses a recent decision by the Supreme Court of Texas holding that state officials do not have the right to intervene in a same-sex divorce case in that state.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more