Cornell University law professor Michael Dorf argues that in some contexts, consideration of states’ rights is relevant to the interpretation of federal statutes, but in other contexts—including the federal lawsuit over a transgender boy’s access to a boys’ restroom at school—principles of federalism are outweighed by other considerations. Dorf provides three examples of instances where federalism should play a role in the interpretation of federal statutes, and he explains why the transgender bathroom case differs from those instances.
SMU Dedman School of Law professor Joanna Grossman argues that the decision by the Trump Administration to roll back protections for transgender students is mean-spirited and serves no legitimate purpose. Grossman briefly describes the history of the recognition of transgender rights under federal statutes and explains why protections for transgender students make far greater legal sense than denying those protections.
Marci Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and leading church/state scholar, outlines what the United States must do to restore true religious liberty under the First Amendment, rather than go down the path of extreme religious liberty supported by right-wing Christian lobbyists. Hamilton argues that President Trump needs to remove Steve Bannon, unhinge himself from the extreme religious right, and open his eyes to the plain discrimination directly in front of him.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, reminds of the distinction between constitutional rights and statutory rights. Hamilton argues that the so-called right to religious liberty used to excuse discrimination against LGBTQ individuals derives from federal statutes that were enacted out of animus in the first place.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.
George Washington law professor and economist Neil H. Buchanan explains why congressional Democrats should not support President-elect Trump’s proposal of a large public infrastructure rebuilding program. Buchanan argues that instead, Democrats should demand support for voting rights in exchange for their support for his infrastructure spending.
Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, describes three individuals named to lead Donald Trump’s presidency who will threaten already-vulnerable communities. Hamilton argues that Mike Pence, Stephen Bannon, and Jeffrey Sessions are likely to reduce or eliminate the rights of gays, women, minorities, and children over the next four years unless the private sector steps up.
SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court in Pennsylvania holding that Title VII bans sexual orientation discrimination. Grossman describes the gradual recognition of sexual orientation discrimination as a cognizable injury under Title VII and praises the court for coming to the correct conclusion.
University of Illinois Law dean and law professor Vikram David Amar comments on a case in which the Supreme Court heard oral arguments this week. In that case—Manuel v. Joliet—the Court will consider whether an individual’s Fourth Amendment right against unreasonable seizure continues after an indictment has issued, thereby allowing a malicious prosecution claim based on the Fourth Amendment. Amar argues that the case highlights some unusual features of Supreme Court practice, as well as some important aspects of constitutional law.
University of Illinois dean and law professor Vikram David Amar takes an early look at Gary B. v. Snyder, a case recently filed in federal district court that addresses a child’s fundamental right to literacy. Amar explains how the timing may be ideal for a case of this nature, should it ultimately reach the Supreme Court, since the Court seems increasingly willing to recognize new liberties not mentioned in the Constitution, among other compelling reasons.
Illinois Law dean and professor Vikram David Amar and U.C. Davis Law professor Courtney Joslin discuss a recent decision by a federal district court in Texas issuing a nationwide order regarding bathroom access for transgender students. Amar and Joslin explain why the order almost certainly oversteps that court’s authority without providing any reasons or analysis to justify its overbroad relief.
Attorney and editor at Justia, Sarah Andropoulos comments on a recent decision by a panel of the U.S. Court of Appeals for the Seventh Circuit criticizing but affirming courts’ exclusion of sexual orientation discrimination from protection under Title VII. As Andropoulos explains, the panel’s reasoning is somewhat convoluted, and its conclusion does not seem to follow from its logic.
SMU Dedman School of Law Professor Joanna Grossman discusses a recently enacted Massachusetts law addressing the gender wage gap. Grossman describes the history of pay inequality in the United States and the slow progress in narrowing that gap.
A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton writes an open letter to Democratic Presidential Candidate Hillary Clinton on behalf of sexual abuse victims around the country. Hamilton asks Clinton what she will do as President of the United States to address the problem of child sex abuse and to help improve victims’ access to justice.
Cornell University law professor Joseph Margulies reacts to the lack of response by many important people and organizations to recent shootings by police of Alton Sterling in Baton Rouge, Louisiana, and Philando Castile in Falcon Heights, Minnesota. Margulies points out that when leadership is silent on an issue, people will take to the streets to try to rectify it, often perpetuating violence.
Hofstra University law professor Joanna Grossman praises Gillian Thomas’s new book Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women’s Lives at Work, which profiles ten of the most important Supreme Court cases to the advancement of women’s equality in the workplace.
Hofstra University law professor Joanna Grossman critiques a recent decision by a New York trial court holding that a woman who was allegedly fired by a male boss because she was “too cute” and causing the boss’s wife to be jealous had not alleged facts amounting to unlawful sex discrimination. Grossman explains why the ruling is based on unsound reasoning and misunderstands sex discrimination law.
Hofstra University law professors Joanna L. Grossman and Grant M. Hayden explain how recent controversies over same-sex marriage, transgender use of bathroom, and differentiated high school graduation attire for males and females reflect a collective unwillingness to blur gender lines. Grossman and Hayden further describe how these controversies are really simply part of a larger game of gender oppression.
Cardozo Law professor Marci Hamilton comments on the recent decision by the U.S. Supreme Court in Zubik v. Burwell, in which the Court via a per curiam opinion declined to interpret the Religious Freedom Restoration Act (RFRA) as applied to the Affordable Care Act. Hamilton also describes the Do No Harm Act, which is a bill proposed this week that attempts to carve out of RFRA some of its worst incentives and inclinations. While Hamilton argues that RFRA should be repealed outright, she acknowledges that the Do No Harm Act is absolutely a step in the right direction.
Hofstra University law professor Joanna L. Grossman and Duke law professor Katharine T. Bartlett explain why a high school policy prescribing one color of robes for boys and another color for girls violates both the Equal Protection Clause of the Fourteenth Amendment and Title IX. Grossman and Bartlett describe how this controversy could be easily resolved, as other schools have resolved other similar controversies.