Analysis and Commentary on Other Commentary
Why Do We Continue to Use Loaded Words Even When We Know that They Have No Meaning?

UF Levin College of Law professor and economist Neil H. Buchanan explores the frequent phenomenon where people fall back on empty words and phrases, even when they have been convinced that those phrases are empty. Professor Buchanan relates some anecdotes demonstrating the phenomenon and calls for people to relearn and remember when they are saying words that communicate nothing, lest they lapse into reinforcing meaninglessness.

How Long Will Andrew Cuomo Need to Wait for a Talking Head Gig on CNN or MSNBC?

Cornell Law professor Michael C. Dorf considers the possible next steps for New York Governor Andrew Cuomo, who recently announced his intention to resign amid multiple sexual harassment allegations. Professor Dorf observes that due to the media’s and society’s quick forgive-and-forget mentality, many disgraced politicians and celebrities quickly reemerge in the spotlight, suggesting that we are living in a post-shame society; Cuomo is likely to do the same.

What Andrew Cuomo Has Taught Us About #MeToo

Cornell Law professor Sherry F. Colb reflects on what the resignation of New York Governor Andrew Cuomo means about the #MeToo movement. Professor Colb examines the structure of allegations of gendered misconduct, and she points out that the small number of men who victimize women tend to do it repeatedly unless and until someone puts a stop to it once and for all.

How To Lose An Argument (or Arrogance for Dummies)

Cornell Law professor Sherry F. Colb explains why listening to people is a better way to persuade them to change their position on an issue than calling them out for inconsistency. Professor Colb navigates a hypothetical conversation to demonstrate how thoughtful attention and humility can be more convincing than arguing or attacking.

#FreeBritney and Believe Women

Illinois Law professor Lesley M. Wexler comments on Britney Spears’s petition to end her conservatorship and explains how her situation reflects general attitudes about believing women. Professor Wexler argues that the #FreeBritney movement may shape emerging norms of believability, which is often a precondition to convincing judges, jurors, co-workers, friends, and others in society about both the existence of abuse and its impact on its victims.

I Believe Dylan Farrow

Cornell Law professor Sherry F. Colb responds to the documentary mini-series called Allen v. Farrow, about Woody Allen, Mia Farrow, and the allegations of sexual abuse that their daughter Dylan made against her father. Professor Colb explains why it seems plausible that the man who lied casually on the phone with his ex-girlfriend would be capable of doing whatever he wanted to do, whatever he thought (correctly) he could get away with.

No Good Men?

Cornell law professor Sherry F. Colb comments on a film called “Promising Young Women,” which purports to be a feminist movie about date rape. While Professor Colb describes the movie as interesting, thought-provoking, and “definitely” worth seeing, she argues that it suggests a view of men and sexual assault that is erroneous and potentially even anti-feminist.

Transitional Justice and Inauguration Poems

Illinois law professor Lesley M. Wexler describes how Amanda Gorman’s The Hill We Climb and Jericho Brown’s Inaugural,’ an Original Poem—as two inaugural poems—fit within the call of transitional justice. Professor Wexler explains how, read together, the two poems provide a roadmap of the transitional justice terrain the government may choose to tread.

The Invisible Man and His Visible Victim

Cornell law professor Sherry F. Colb comments on a movie some have described as one of the best of 2020, The Invisible Man, and describes how the story in the movie offers possibilities for envisioning accountability for domestic violence and other crimes that often receive dismissive treatment under the heading of “he said/she said.” Professor Colb briefly describes the plot of the movie (including spoilers), and explains why the movie is so revelatory.

American Law’s Worst Moment—2020

Austin Sarat—Associate Provost and Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence & Political Science at Amherst College—explains why the police murder of George Floyd was the worst moment of 2020 in American law. Professor Sarat proposes that we remember the event and that date—May 25—as “infamous,” a word reserved for rare and atrocious events like the bombing of Pearl Harbor, in an attempt to capture the brutality and inhumanity of the act.

Answering My Hate Mail

Cornell law professor Joseph Margulies describes a recent piece of hate mail he received from someone who apparently saw him quoted in an Associated Press article about what a Biden administration might mean for the 40 remaining prisoners in Guantanamo. Professor Margulies explains that he can forgive the writer because he knows the writer’s rant most likely comes from a place of psychological and cultural insecurity, but at the same time he also holds the writer accountable for his behavior.

A Half Century After Its Publication, What Can “The Greening of America” Tell Us About the United States Today?

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.

A Giant Departs the Federal Bench: Reflections on the Retirement of the Hon. Jack B. Weinstein

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.”

Sorry Studies

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.

Mitsubishi Bank’s Museum of Trust in Tokyo

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.

Why It’s Hard for “Independent” Investigations Like the One Concerning Ohio State’s Football Coach Urban Meyer to be Meaningfully Independent

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.

The Amazon Shuffle

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.

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

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.

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... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

MARCI A. HAMILTON is the Fels Institute of Government Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Lesley Wexler
Lesley Wexler

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