Analysis and Commentary on Constitutional Law
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.

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.

When Does Congress’s Recognition of an Injury Count to the Supreme Court? Standing and the Spokeo v. Robins Case

Vikram David Amar, law professor and dean at Illinois Law, and Michael Schaps, a California civil litigation attorney, discuss Spokeo v. Robins, in which the U.S. Supreme Court will consider the nature of injury required for a plaintiff to avail herself of the federal court system. Specifically, Amar and Schaps describe the justices’ various perspectives on the issue and the possible origins and significance of these perspectives.

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.

Why the Challenges to California’s Reproductive Fact Act Are Likely Unpersuasive

Vikram David Amar, dean and law professor at the University of Illinois College of Law, and Alan Brownstein, professor at UC Davis School of Law, examine a court challenge brought against a recently enacted California law regulating family planning clinics. Amar and Brownstein argue that the law should survive these constitutional challenges.

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.

Four Specific Indicators to Look for (As Distinguished From Cases to Watch) This Supreme Court Term

Vikram David Amar, law professor and dean of the University of Illinois College of Law, identifies four key issues to watch in the Supreme Court’s 2015-2015 Term. As Amar discusses here, these issues center around: (1) public labor unions, (2) affirmative action, (3) abortion rights, and (4) the death penalty.

Pope Francis Visits Philadelphia and Promises No More Secrets

Cardozo law professor Marci Hamilton comments on the recent visit by Pope Francis to Philadelphia on the ten-year anniversary of the release of the landmark Grand Jury Report on Sexual Abuse in the Philadelphia Archdiocese. Hamilton argues that now is the time for state legislators to eliminate statutes of limitations for civil sex abuse suits and revive those claims that have expired due to short statutes of limitations.

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.

Arizona’s SB 1070 Immigration Law Is Back in Play in the Federal Courts

University of Illinois law professor and dean Vikram David Amar comments on a recent decision by a federal district court in Arizona addressing a challenge to two parts of Arizona’s SB 1070 statute, which attempts to deal with immigration stresses in that state. Amar argues that the court’s reasoning on both claims was confused and unpersuasive and that the results should have been inverted. That is, Amar suggests that the court should have upheld the equal protection challenge to the “Show Me Your Papers” provision and rejected the First Amendment challenge to the Day Laborer provisions.

The Plight of Children at Risk in the Ultra-Orthodox Jewish Communities and the Failure of Government and Pandering Politicians to Protect Them

Cardozo law professor Marci Hamliton comments on the quandary of at-risk children in religious groups like the ultra-Orthodox Jewish communities, and cautions against government and political rhetoric that exalts and protects such lifestyles.

He Who Hesitated Lost: Unwed Father in Utah Forfeits Parental Rights

Hofstra University law professor Joanna Grossman comments on a recent Utah case where an unwed father forfeited his rights to contest the adoption of his child by not filing a paternity action. Grossman points out that this result is the product of balancing interests of unwed fathers against those of the child, mothers seeking to place children for adoption, and adoptive parents.

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