In light of a recent decision by the Oregon Supreme Court, Cornell University law professor Sherry F. Colb considers whether taking blood from a dog constitutes a search of the dog’s owner for Fourth Amendment purposes. Colb identifies good and bad features of the court’s opinion and expresses what, in her view, would have been the ideal resolution of the case.
Cornell University law professor Michael C. Dorf explains the difference between “law and order,” a term Donald Trump uses to describe his approach to governance, and “rule of law,” a principle that those in positions of authority exercise their power even handedly and consistently, within a framework of public norms. As Dorf explains, Trump’s law-and-order message, taken in conjunction with his observed business practices, is that of an authoritarian ruler—one who imposes rules on others yet sees himself above and unconstrained by law.
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.
Chapman University law professor Ronald Rotunda comments on a practice by federal prosecutors of settling some cases by requiring defendants to pay money to specific charities—organizations that tend to support the present administration. Rotunda explains why this practice is ethically unsound and calls for an end to it.
Cornell University law professor Sherry Colb analyzes Donald Trump’s recent statement—which he subsequently changed—that women who have abortions should be punished for doing so. Colb points out that this position is actually more logically coherent than the more conventional position taken by anti-abortion advocates that the provider be punished for performing an abortion.
Cornell University law professor Sherry Colb considers the moral question whether we have the right to benefit from discoveries made by outrageous rights violations. Colb considers the example of James Marion Sims—known as the father of modern gynecology—whose research on female slaves, without providing them the available anesthesia, led to his development of a technique to repair obstetric fistulas. Further, Colb calls into question the presumed rightfulness of experimenting on nonhuman animals.
Chapman University law professor Ronald Rotunda comments on the practice of judges requiring lawyers to donate to charities. Rotunda argues that this practice violates the code of judicial conduct for federal judges.
Cornell University law professor Sherry Colb examines the boundaries of moral permission to be the object of someone’s fantasies. Colb considers several different situations that are similar but likely elicit various degrees of responses from readers before concluding that fantasy should be the private prerogative of the fantasizer that should not be subject to either legal or moral regulation.
Cornell University law professor Sherry Colb considers the perspectives of both sides of the controversy over a relatively new California law requiring licensed pregnancy centers to prominently post a notice about the availability of free or low-cost abortion, contraception, and prenatal care. Colb offers a compelling narrative to illustrate each perspective, ultimately concluding that while she personally agrees with one side neither is “right” in a moral sense.
Cornell University law professor Michael Dorf explores the relationship between renewed discussions about artificial intelligence (AI) and the rights of non-human animals. Dorf argues that our current portrayals of AI reflect guilt over our disregard for the interests of the billions of sentient animals we exploit, torture, and kill in the here and now.
Cornell University law professor Sherry Colb uses a recent court dispute over a contract governing a divorced couple’s frozen embryos as the basis for considering some important issues that would arise in a frozen embryo dispute with no contract. Colb points out that resolving such a dispute would require careful balancing of the right of one party to procreate, on the one hand, and the right of the other party not to procreate, on the other.
Chapman University law professor Ronald Rotunda comments on the concept of the “appearance of impropriety” that affects the regulation of the conduct of judges. Rotunda looks specifically at judicial election campaigns and points out that the statistical data do not support a conclusion a tit for tat relationship between campaign contributions and judicial decisions.
Cornell University law professor Joseph Margulies observes that despite growing recognition of the need for comprehensive reform of the American criminal justice system, there are little to no policy changes on the horizon that could even potentially effect such comprehensive reform.
Cornell University law professor Joseph Margulies calls on us to reflect on the intensifying attacks in the United States against Islam and against the Black Lives Matter movement. Margulies argues that the attacks derive from a common source and that much can be learned from examining them together.
Cornell University law professor Sherry Colb considers whether it is morally consistent for a person to be an ethical vegan and also to be pro-choice with respect to abortion.
Sherry Colb, a law professor at Cornell Law School, discusses the moral status of perpetrating violence to express opposition to abortion and to animal killing and cruelty. Colb argues there are nonviolent means of furthering pro-life and pro-animal rights movements, violence for these purposes is an unnecessary and thus immoral option.
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.
Cornell University law professor Sherry Colb considers why pro-life advocates often do not champion contraception. Colb looks at two philosophical approaches to morality—deontology and consequentialism—to better understand this observed phenomenon.
Chapman University law professor Ronald Rotunda discusses a report drafted by the Association of Professional Responsibility Lawyers finding that state regulation of lawyer advertising involves far more rules and complexity than is necessary. Rotunda points out that in light of the purpose of such rules, the report recommends states that have a single rule that prohibits false and misleading communications about a lawyer or the lawyer’s services.
Cornell law professor Joseph Margulies discusses the inviolable right of human dignity and its essential role as a condition of criminal justice.
