UC Davis law professor Vikram David Amar describes some important takeaway points from two cases decided by the U.S. Supreme Court earlier this week—Elonis v. United States and EEOC v. Abercrombie & Fitch.
Cornell law professor Joseph Margulies describes how meaningful police reform requires starting at the top and treating the bottom as a social, rather than criminal, problem.
Cornell University law professor Joseph Margulies argues that the goal of meaningful criminal justice reform should be to hold the offender accountable, repair the community, and make the victim whole.
Cardozo law professor Marci Hamilton reports on the developments thus far in 2015 with respect to child sex abuse victims’ access to justice.
Cornell University visiting law professor Joseph Margulies discusses the tense situation between the police and the community in Baltimore and argues that meaningful reform is on the horizon.
Cornell University visiting law professor Joseph Margulies comments on the recent death of Walter Scott, an unarmed black man whose murder by a police officer was caught on video and seen by the world. Margulies argues that Scott’s murder, while highly unusual and anomalous in some ways, also exemplifies the relationship between law enforcement and black citizens.
Cornell University law professor Sherry Colb discusses a recent criminal case out of Indiana, in which a woman was convicted and sentenced for feticide. Colb argues that while the situation as a whole is a tragedy, it also highlights a failure of the State of Indiana to have empathy for women in pain whose circumstances call for mercy rather than a pure retributive impulse.
Cornell University visiting law professor Joseph Margulies discusses the widespread phenomenon of conversations about criminal justice reform that notably exclude any mention of race.
Cornell University visiting law professor Joseph Margulies discusses the need for meaningful criminal justice reform to include not only prison reform, but also reform of law enforcement.
Cornell University visiting law professor Joseph Margulies discusses the problems that arise when a police force is driven by a push for revenue for the city rather than by public safety needs.
Cornell University law professor Sherry Colb considers whether, why, and to what extent the law should proscribe sexual relations with individuals suffering from Alzheimer’s disease and other permanent impairments on the basis of their incapacity to consent.
Chapman University law professor Ronald Rotunda discusses the problems with eyewitness identification, as illustrated recently by the tragedy in Ferguson, Missouri.
Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.
Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.
Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.
Guest columnist and Cornell University visiting professor Joseph Margulies discusses how the Ferguson grand jury’s decision not to indict reflects the present ideology of American justice. Margulies argues that unless policymakers are willing to change that ideology that pits “us” against “them,” meaningful change will be impossible.
Cornell University law professor Sherry Colb comments on the new California law defining rape as the absence of affirmative consent, rather than as the presence of indicators of non-consent. Colb praises the law and addresses some of the arguments in opposition to it.
U.C. Davis law professors Vikram David Amar and Alan E. Brownstein discuss a case the U.S. Supreme Court that will be argued in the coming months, which presents the issue how courts should define “true threats” that fall outside First Amendment protection and thus are subject to punishment.
Chapman University law professor Ronald Rotunda critically discusses civil forteiture laws in Philadelphia, which he argues are unnecessarily harsh and extend beyond their intended purposes.
In light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens. Dorf concludes that while there are some risks inherent in the practice, it would be a good first step toward reducing the frequency of tragedies resulting from police–citizen confrontations.