Analysis and Commentary on Criminal Law

Insight From Oregon

Cornell University law professor Joseph Margulies explains how the peaceful protesters at a federal facility in Oregon could advance the cause for criminal justice reform. Margulies reminds us that that the triggering event for the protest was an order by a federal judge that two ranchers serve a prison sentence mandated by federal statute that was far longer than the judge considered fair.

Sex Abuse Statute of Limitations Reform 2015 Year in Review: The Good, the Bad, and the Ugly

Cardozo law professor Marci Hamilton discusses some of the changes 2015 saw with respect to reform of sex abuse statutes of limitations. Hamilton praises such progress as the sweeping inquiries undertaken by Australia’s Royal Commission into Institutional Responses to Child Sexual Abuse and the release of the award-winning motion picture, Spotlight, which chronicles the Boston Globe journalists’ path to breaking the story of priest abuse in the Catholic church.

Appealing and Unappealing Peeling: Two Takes on Nudity

Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on the changing attitudes toward nudity over time in the United States from a social and legal standpoint. Grossman and Friedman point to two recent instances in the news that seem contradictory: the increasing openness of high schoolers when it comes to sexting one another and millennial men's reticence to be nude while changing or showering in locker rooms.

Anger Management: Charlie Sheen’s Ex-Fiancée Sues Over Sheen’s Failure to Disclose HIV Status

Hofstra University law professor Joanna Grossman comments on a recent lawsuit by Charlie Sheen’s ex-fiancée seeking damages for Sheen’s failure to disclose his HIV status. Grossman discusses the nature of the complaint filed and describes how civil and criminal laws must balance the right of individuals to sexual privacy against interests such as public health.

Waves Up, Presidential Candidates

Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues.

The Second Principle: The Demand for Even-Handed Justice

Cornell University law professor Joseph Margulies describes one of the bedrock principles of a legitimate criminal justice system: the obligation of government to be fair and even handed. Margulies describes several examples of how governments have fallen short in this respect and argues that without even-handed justice, there cannot be a truly legitimate criminal justice system.

On the Tenth Anniversary of the 2005 Philadelphia Grand Jury Report on Child Sex Abuse in the Archdiocese

Cardozo law professor Marci Hamilton celebrates the ten-year anniversary of the groundbreaking 2005 Grand Jury Report on Child Sex Abuse in the Philadelphia Archdiocese. She argues that while that document pales in comparison to the Australian Commission’s report on abuse in that country, it is still hugely significant and should serve as the benchmark for responsible prosecutorial initiative on clergy sex abuse in the United States.

Who Gets to Be Human?

Cornell University law professor Joseph Margulies continues his discussion of the role of dignity as a condition of a legitimate criminal justice system. Margulies argues that it is dignity that saves us from the conceit that we may decide who gets to be human, but he laments that many people are not yet ready to give up that conceit.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

Joseph Margulies
Joseph Margulies

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

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence... more

Lesley Wexler
Lesley Wexler

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