Cornell University law professor Sherry F. Colb comments on a recent decision by the Arizona Supreme Court holding that a state statute properly created an affirmative defense to sexual abuse or child molestation when it placed the burden of proving no sexual motive on the defendant. Colb describes the court’s reasoning and explains why the U.S. Supreme Court should revisit its jurisprudence affirmative defenses to crimes and hold that some conduct may simply not be classified as an affirmative defense to be proved by the defendant in a criminal case.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda argues that, in the interest of protecting free speech, the Attorneys General of New York and Massachusetts should comply with congressional subpoenas investigating whether the state attorneys general are part of a corrupt agreement with private interests seeking to harass. Rotunda argues that the state attorneys general are effectively chilling the free speech of scientists who question the validity of the theory that humans contribute to global warming.
Cornell University law professor Joseph Margulies discusses two primary areas of law he has practiced during his career. Margulies explains how his time as a capital defense and civil rights attorney was a natural extension of his background in criminal defense investigation. Using an evocative example of a condemned individual deemed a threat to U.S. national security, Margulies shines a humanizing light on a demographic usually viewed as anything but by the American public in his argument against capital punishment.
Cornell University law professor Michael C. Dorf explains what can be deduced about the Supreme Court's future, even before the 2016 US presidential election. Dorf references the role that the Court plays in American public life while also offering notable examples of areas where the Court has little to no say. Additionally, Dorf reminds readers that many more cases are decided unanimously than by a single vote and that it is difficult to predict future ideological divisions among justices, regardless of whether they were nominated by a Republican or Democratic president.
Cornell University law professor Joseph Margulies breaks down the 'rising tide' strategy of criminal justice and explains why this framework is ultimately misguided in the case of drug policy. Margulies explains that neither the class of drug nor the demographic of drug user is created equal within our criminal justice system due to a variety of factors that he explores in this column.
Cornell University law professor Joseph Margulies responds to two of the most common criticisms of the trial and sentencing of former Stanford undergrad Brock Turner, who was convicted of sexually assaulting an unconscious woman. Margulies explains why a change to California law imposing a mandatory minimum sentence for this crime actually does not address these criticisms, and in fact exacerbates one of them.
Former counsel to President Nixon, John W. Dean argues that comparisons between former Virginia Governor Robert McDonnell and Democratic presidential candidate Hillary Clinton are inapt. Dean points out several ways in which Hillary’s behavior did not rise even to the level of that of McDonnell, and the U.S. Supreme Court found that even the latter did not support conviction.
John W. Dean, former counsel to President Nixon, discusses the charges of perjury and false statements brought against Hillary Clinton by congressional Republicans led by Bob Goodlatte and Jason Chaffetz. Dean closely scrutinizes the facts underlying the charges and concludes that the charges are utterly baseless and manifest an abuse of power beyond the pale of dirty politics.
Ronald Rotunda, law professor at Chapman University, Fowler School of Law, comments on the latest developments in the criminal proceedings against Sholom Rubashkin—specifically the revelation that federal prosecutors introduced false testimony in pursuit of conviction. Rotunda provides background on the case and describes the misconduct of the prosecution in handling the case.
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 laments the revival of the “law and order” rhetoric triggered by the recent shootings in Dallas and Baton Rouge and seized upon as common ground for Donald Trump and the GOP. Margulies explains why greater police presence and more arrests actually make communities less safe, rather than safer, and argues that such changes threaten to undo the progress made in the criminal justice system over the past several decades.
Illinois Law dean and professor Vikram David Amar describes three lessons we should take from FBI Director Comey’s statements about Hillary Clinton’s email management. First, Amar points out that the president is the ultimate decisionmaker when it comes to all criminal prosecutions. Second, he argues that there are other ways that Republican leaders could seek to punish Ms. Clinton for what they believe to be wrongdoing—such as the impeachment process. Finally, Amar suggests that to prevent Republicans (or others) from doggedly trying to prosecute Ms. Clinton for years to come, regardless of the outcome of the presidential election, President Obama could pardon her just before he leaves office, as other presidents have done in numerous instances.
Inspired by a Dan Savage podcast on the topic, Cornell University law professor Sherry Colb considers both the concept of “virtuous pedophiles” and some of its potential implications. Colb explains what this term means and draws several comparisons to other individuals who may be oriented toward a certain action that is either illegal or prohibited to them, ultimately expressing ambivalence toward the notion of the virtuous pedophile.
Cornell University law professor Joseph Margulies explains why a criminal conviction of police officers is neither a necessary nor sufficient component of justice. In fact, Margulies argues that those who would dismantle the carceral state should not be the first to invoke it by seeking convictions as the sole means of justice.
Cornell University law professor Joseph Margulies explains how two front-end criminal justice reforms—demanding moral consistency in policing and taking addiction seriously—would significantly shrink the carceral state and make it more just.
John W. Dean, former counsel to President Nixon, takes a close look at Republican presumptive presidential nominee Donald Trump and his attacks on Judge Curiel. Dean scrutinizes the lawsuits involving Trump University and points out that the alleged behavior, if true, could criminally implicate Trump and Trump University.
Cornell University law professor Joseph Margulies comments on last week’s decision by the U.S. Supreme Court in Foster v. Chatman, in which the Court considered whether a prosecutor’s use of peremptory challenges to remove all eligible black jurors constituted impermissible race discrimination. Margulies argues that true criminal justice reform requires us to acknowledge the pervasiveness of implicit bias in society and let go of the idea that the behavior is an individual wrong by one person against another, and reconceive it as a social wrong by a person against the community.
Cardozo Law professor Marci Hamilton explains how the Sandusky scandal at Penn State revealed that ignoring and covering up child sex abuse over an extended period of time is not unique to the Catholic church. Hamilton argues that Joe Paterno knew of the child sex abuse long before it came to public light but that he chose to keep Sandusky because doing so served his own ends.
Cornell University law professor Joseph Margulies discusses the challenges of comprehensive criminal justice reform. Even for victims of wrongful detention and torture, he argues that war crimes prosecutions are not the answer. With an eye toward a crime-free society, Margulies presents a compelling argument as to why the current, punitive nature of our carceral state should be dismantled.
Cardozo Law professor Marci Hamilton comments on a recent development in protections for child sex abuse victims’ access to justice: a letter signed by 62 Jewish rabbis and leaders calling for New York to pass the Child Victims Act, which would create access to justice for child sex abuse victims by eliminating and reviving expired statutes of limitations.