In recognition of the 50-year anniversary of the publication of Charles Reich’s “The Greening of America,” Touro law professor Rodger D. Citron explains what Reich actually said in “The Greening,” explains why it generated such a strong response, and reflects on what the piece has to say about the fractures of our current moment. Citron cautions that the promise of a new consciousness is as alluring—and may be as illusory—as it was when Reich wrote the article and book, 50 years ago.
Cornell law professor Sherry F. Colb argues that while consent is an important and necessary condition of many activities in which adults engage, it does not necessarily follow that consent is a sufficient condition as well. Colb describes some circumstances in which the apparent consent of the parties does not make the result desirable or good.
Touro law professor Jeffrey B. Morris reflects on the impressive career of the Honorable Jack B. Weinstein, who recently announced his retirement from the U.S. District Court for the Eastern District of New York at the age of 98. Morris praises Judge Weinstein for his skill and humanity as a jurist, pointing out the many ways his opinions, articles, and speeches reflect his belief that “aiding the weak and suffering is the primary duty and soul of American law.”
Illinois Law professors Lesley Wexler and Jennifer Robbennolt respond to a recent op-ed by Professor Cass Sunstein, in which Sunstein suggests that an apology is a risky strategy for a public figure seeking election or re-election. Wexler and Robbennolt point out three troubling aspects of Sunstein’s op-ed and argue that rather than abstain from giving apologies altogether, perhaps public figures should study apologies and learn how to give—and live—a good one.
BU Law emerita professor Tamar Frankel explains why the Mitsubishi Bank’s Museum of Trust in Tokyo, Japan, which opened a few years ago, could serve as a model for the United States to reduce the cost of mistrust and breach of trust in this country. Frankel describes the museum and considers how it affects people’s perception of the importance of trust in society.
Illinois Law dean and professor Vikram David Amar discusses the controversy over the so-called “independent investigation” into Ohio State’s football coach Urban Meyer’s handling of domestic violence allegations against one of his longtime assistant coaches, Zach Smith. Amar explains that the investigation is hardly “independent” in any sense of the word when it is funded by the very organization (the university) who has the greatest interest in its findings, and he uses the paradigm of the political system to propose an alternative, truly independent option.
Cornell University law professor Joseph Margulies describes some of the positive and negative consequences for whichever city Amazon decides will be home to its second headquarters. Margulies looks specifically at Olneyville—a low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island, and concludes that on balance, the benefits of Amazon choosing Boston for its second headquarters could outweigh the risks to communities like Olneyville. Margulies calls upon Providence and indeed all cities to make firm, non-negotiable, legally binding commitments to protect and preserve affordable housing and to make sure that the benefits flow equitably to all residents.
Cornell University law professor Michael C. Dorf writes a tribute to renowned Judge Stephen Reinhardt of the US Court of Appeals for the Ninth Circuit, who passed away last week. Dorf, who served as law clerk to Judge Reinhardt, extols the late judge’s principled commitment to serving justice without breaking rules and his unusual ability to bring both empathy and reason to everything he did.
Former White House counsel John W. Dean describes the incredible legacy of fellow Verdict columnist, Professor Ronald D. Rotunda, who passed away unexpectedly earlier this week. Dean explains how he came to know Rotunda—through the Watergate hearings—and Rotunda’s critical role in developing the modern-day ethics rules that govern lawyers (“post-Watergate morality”). A prolific writer, Rotunda is perhaps best known for co-authoring the revered Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility, as well as a highly regarded treatise on constitutional law.
Cornell University law professor Joseph Margulies describes inspiring story of the "Walking School Bus" in Olneyville, the low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island. The Walking School Bus is a small group of parents who walk through a set route on a specified timetable, escorting children through dangerous areas to safely arrive at their respective schools. Margulies points out that this example is but one example of the importance of recognizing the intersection public health, crime, criminal justice, and policing-all critical and interrelated components of building stronger and safer communities.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda commemorates some of the notable lawyers who died in 2017, including John Nolan, Jr., Michel, Aurillac, Willie, Stevenson Glanton, Gustavo Valdés, Hersh Wolch, the honorable Thomas Griesa, and others. Rotunda also notes one lawyer who had a near-death experience, Nikolai Gorokhov, a Russian lawyer who found key evidence of a $230 million corruption scandal involving high-ranking state officials.
Cornell University law professor Joseph Margulies critiques some recent characterizations of Olneyville, a neighborhood on the west side of Providence, Rhode Island. Though the authors he critiques likely write with the best intentions toward Olneyville, Margulies points out that their articles capture three of the most important challenges facing Olneyville and neighborhoods like it across the country: the tendency to look at poverty without seeing the poor, the threat of stereotyping, and the specter of unmanaged and disruptive growth. Having spent much time in Olneyville himself, Margulies observers that the neighborhood has been changing for the better for years now, due to the hard work of the community itself.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda compares the Russian interference with American democracy with an episode of Rod Sterling’s The Twilight Zone from over fifty years ago. Rotunda points out that even with a relatively modest budget, the Russian government was able to exploit the most dangerous enemy of any society—the people who comprise it.
Boston University law professor Tamar Frankel pens a fable as a means of providing commentary on law school grades and the debate between pro-regulation approaches and more laissez-faire approaches. Through the voice of a fictional character, Frankel points out that the cost of relying on the market to correct itself is lingering mistrust, which erodes a community's prosperity and undermines its success for a very long time.
Chapman University Fowler School of Law professor Ronald D. Rotunda draws upon the writing of Dante Alighieri, author of The Divine Comedy, in calling upon politicians and lawmakers to enact just laws. Rotunda provides a short synopsis of the work and explains why it is significant today.
John W. Dean, former counsel to President Richard Nixon, comments on President Trump’s alarming attacks on the integrity of the federal judiciary. Dean describes how past presidents have criticized specific rulings without calling into question the legitimacy of the constitutional system.
Cornell University law professor Michael C. Dorf discusses the proposed policy guidelines the National Highway Traffic Safety Administration recently released that relate to the logistics of self-driving cars. In this column, Dorf looks ahead to a time when the majority of vehicles on the road will be self-driving and considers the potential consequences of regulating the few manual cars that will remain. While there is an argument to be made that people's choices and personal freedom should outweigh government interference, Dorf explains that the benefits to the larger population's welfare that self-driving cars may one day offer is likely to win out over time.
Cornell University law professor Joseph Margulies argues that anyone who calls for violence—whether from the Right or the Left—must take responsibility for the violence that inevitably, even if unintentionally, results.
Former counsel to the President Nixon, John W. Dean comments on the recent developments in the class-action RICO lawsuit against Trump University. Dean argues that Judge Curiel’s latest actions in the case—denying TU’s motion for summary judgment and granting its request to keep sealed the video depositions of Trump—show that the judge is fair and just despite Trump’s claims to the contrary.
Chapman University professor Ronald Rotunda comments on the increasingly controversial positions taken by the American Law Institute (ALI), which is one of the most important nongovernmental legal institutions in the United States. Rotunda describes some of the changes in laws proposed in recent editions of the ALI’s highly influential Model Codes and Restatements.