Analysis and Commentary on Civil Rights
Equality for All: Federal Appeals Court Holds in Hively v. Ivy Tech Community College That Title VII Prohibits LGBT Discrimination

SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Seventh Circuit, sitting en banc, in which it unequivocally held that Title VII prohibits LGBT discrimination. Grossman describes the history leading up to this momentous decision and applauds the court for getting it right.

The Complexities of a “Motive” Analysis in Challenging President Trump’s Executive Order Regarding Entry to the United States

Illinois Law dean and professor Vikram David Amar and UC Davis Law emeritus professor Alan E. Brownstein explain the complexities behind analyzing the motive underlying legislation and executive orders. Specifically, Amar and Brownstein highlight the difficulty in courts’ using perceived motive to strike down President Trump’s executive order regarding entry to the United States.

The Child Sex Abuse Scandals Are All the Same and They Demand the Government to Act

Marci Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and the CEO of CHILD USA, calls attention to the patterns of child sex abuse that indicate it is a symptom of a larger society-wide problem. To address this problem at its root, Hamilton proposes a law that would mandate certain principles and practices for every organization involved in any way with children.

Should Federalism Play a Role in the Interpretation of Civil Rights Laws?

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.

Another Senseless Act of Destruction: The Trump Administration Undermines Protections for Transgender Students

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.

The Real Religious Liberty Deficits Right in Front of Us

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.

The Religious Liberty Shell Game Needs to End Now Before the Civil Rights of Women and LGBTQ Recede into History

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.

The Republican Fail on Sex Assault and Child Sex Abuse

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.

The Infrastructure-for-Voting-Rights Quid Pro Quo

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.

Trump has Unleashed Forces that Put the Vulnerable at Risk, Which Means the Private Sphere Will Have to Step Up to Protect Them

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.

Raise the Rainbow Flag: Federal Court Rules that Title VII Bans Sexual Orientation Discrimination

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.

Do Fourth Amendment Protections Vanish After an Indictment? The Manuel v. Joliet Case on the Supreme Court’s Docket

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.

In a Case with Blockbuster Potential, Detroit School Children Assert a Federal Constitutional Right to Literacy

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.

The Problem With the Texas Federal Court’s Nationwide Order Regarding Bathroom Access for Transgender Students

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.

Seventh Circuit Criticizes but Affirms Title VII Precedent Excluding Sexual Orientation

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.

An Open Letter to the Change-Maker Hillary Rodham Clinton on Behalf of Sexual Abuse Victims in the United States

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.

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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.

Changing the World One Case at a Time: A Review of Gillian Thomas’s Because of Sex: One Law, Ten Cases, and Fifty Years That Changed American Women’s Lives at Work

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.

“Say No to This”: Courts Must Stop Holding that Firing Attractive Women Is Not Sex Discrimination

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.

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 the University of... 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