Illinois Law dean and professor Vikram David Amar and UC Davis Law professor Alan Brownstein discuss a law the Philadelphia mayor recently signed into law that prohibits employers in that city from asking job applicants to provide their past salary data, in an attempt to reduce the wage gap between men and women. Amar and Brownstein specifically consider some of the arguments that the law violates the First Amendment.
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, defends those protesting Donald Trump’s inauguration this week in the face of those calling for “unity.” Hamilton argues that “unity” in this case is simply a euphemism for “uniformity” and that the very democratic process demands that the people speak out and have their voices heard.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, points out that for many victims of child sexual abuse, the holiday season is a time of torture of revisiting painful memories, rather than joy. Hamilton calls upon us to address the problem of child sex abuse directly by changing the laws, teaching the adults, reforming the institutions, and supporting the victims.
In this first of a three-part series of columns, Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains the U.S. Supreme Court jurisprudence that allowed a conservative religious coalition to implant itself in the American public education system. Hamilton argues that the coup de grâce of this movement is Donald Trump’s appointment of Betsy DeVos to Education Secretary, signaling a focus on ideology over the best interests of children.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda discusses the controversial designation of Maajid Nawaz, a practicing Muslim, and Ayaan Hirsi Ali, a Somali-born former Muslim, as “hateful extremists” by the Southern Poverty Law Center (SPLC). Rotunda argues that SPLC should reconsider its criteria for labeling someone an extremist, and he points out ways in which SPLC’s labeling system is inconsistent and misguided.
Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, comments on the recent announcement by Cardinal Timothy Dolan of an Independent Reconciliation and Compensation Commission intended to help some clergy sex abuse victims in the New York City Archdiocese. Hamilton describes Dolan’s mixed record on justice for sex abuse victims but hails the latest development as a step in the right direction.
A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”
University of Illinois dean and law professor Vikram David Amar comments on a recent case that highlights the challenging nature of California’s attempt to protect free speech through its anti-SLAPP statute. Amar describes the background of the case as well as the larger problems that arise when applying the Anti-SLAPP law to discrimination and harassment lawsuits.
Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how the Satanic Temple is fighting the same fight Jehovah’s Witnesses started—to keep the government from imposing tenets of any specific religion on all citizens despite their faith. Hamilton describes the history of this issue in the United States and discusses the current lawsuit involving the Satanic Temple.
Cardozo Law professor Marci Hamilton comments on Mississippi’s latest law stigmatizing and marginalizing the LGBTQ community, and compares it to the federal First Amendment Defense Act. Hamilton argues that these divisive and discriminatory laws resemble apartheid in South Africa in that they are purported to be accommodations but in fact are simply immoral and wrong.
Cardozo law professor Marci A. Hamilton describes a relatively new phenomenon of religious leaders coming together to criticize bad acts—even bad acts perpetrated by people who purport to be religious themselves. Hamilton explains how for too long, religious actors seemed beyond reproach no matter what they did, simply by nature of being religious. She expresses great relief that such a period seems to be passing, as evidenced by the widespread support for the LGBTQ community in response to the recent shooting at the Orlando gay club Pulse.
Cardozo Law professor Marci Hamilton explains what is really behind a Catholic bishop’s letter urging Catholics to oppose Pennsylvania HB 1947—a significant bill that would reform statutes of limitations for victims of child abuse and incest thereby giving them greater access to justice.
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.
Chapman University law professor Ronald Rotunda comments on several instances in which the government is chilling scientific inquiry into the question of global warming. Rotunda argues that the marketplace of ideas, rather than the subpoena power of government, should decide what is true or false.
Former counsel to the president John W. Dean continues his discussion of the defamation lawsuits filed by Philadelphia Phillies first baseman Ryan Howard and by Washington Nationals infielder Ryan Zimmerman against Al Jazeera America (AJAM). Dean assesses defendant AJAM’s motions to dismiss both cases for failure to describe facts that give rise to a plausible entitlement to relief, a requirement under federal law.
Cornell University law professor Michael Dorf comments on a recent unusual order by the U.S. Supreme Court asking for supplemental briefing from the parties to the latest religious challenge to Obamacare. In contrast with other commentators who have described the order as “puzzling” or “baffling,” Dorf explains how the Court’s order resembles something federal district courts do on a routine basis: facilitate settlement of the dispute.
Cardozo Law professor Marci Hamilton describes two recent events that indicate that the United States remains dedicated to a culture of freedom and tolerance, rather than moving toward theocracy. As Hamilton explains, the federal government has taken action against the Fundamentalist Church of Jesus Christ of Latter-day Saints for establishing a theocracy on the border of Utah and Arizona, and also for money laundering and food stamp fraud.
Illinois Law dean and professor Vikram David Amar examines California’s Proposition 49—which seeks the voters’ approval for the California legislature to ratify an amendment to the federal Constitution to overturn the U.S. Supreme Court’s 2010 decision in Citizens United v. FEC—in order to shine light on what might be required to overturn the decision on a federal level. Amar argues that Proposition 49 highlights just how difficult it would be to craft a workable constitutional amendment to overturn Citizens United.
Cornell University law professor Sherry Colb considers the perspectives of both sides of the controversy over a relatively new California law requiring licensed pregnancy centers to prominently post a notice about the availability of free or low-cost abortion, contraception, and prenatal care. Colb offers a compelling narrative to illustrate each perspective, ultimately concluding that while she personally agrees with one side neither is “right” in a moral sense.