Analysis and Commentary on Politics

An Index Fund is the Next Best Thing to a Blind Trust

Cornell University law professor Michael C. Dorf argues that for extremely wealthy government officials, in order to avoid conflicts of interests based on their financial holdings, could turn to a broad-based diversified portfolio, rather than having to utilize a blind trust. Dorf explains why this particular solution works for extremely wealthy individuals and why President-elect Donald Trump and much of his cabinet should take heed.

Donald Trump and the National Security State

Cornell University law professor Joseph Margulies considers what Donald Trump’s approach to national security might be, based on the particular combination of his ideology and the technology available to him. Margulies points out that Trump has the surveillance technology that was available to Obama without the reservations about profiling.

The Republican Fail on Sex Assault and Child Sex Abuse

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes how many Republicans are responsible for blocking legislative change that would help victims of sexual assault and child sex abuse find justice. Hamilton argues that the current climate in the United States draws the line at protecting—whether implicitly or explicitly—perpetrators of sexual abuse and child sex abuse.

The North Carolina Legislature’s Power Grab is Unfair and Undemocratic. Is it Also Illegal?

Cornell University law professor Michael C. Dorf discusses the recent actions by the GOP-controlled North Carolina legislature stripping the newly elected Democratic Governor Roy Cooper of much of the power of his office. Dorf explains some of the potential legal challenges to this legislative action and argues that this reckless attitude is a danger to democracy.

Trump Should Work With Democrats on an Infrastructure Plan

George Washington law professor and economist Neil H. Buchanan explains why President-elect Donald Trump should work with Democrats to achieve the infrastructure plan he described during his campaign. As Buchanan argues, Trump can benefit politically from an infrastructure spending bill in ways that he would not if he were to focus instead on regressive tax cuts or changing international trade policy.

Why Electors Should Not Make Hillary Clinton (or Anyone Else Besides Donald Trump) President

Illinois Law dean and professor Vikram David Amar argues that the presidential electors should not elect anyone besides Donald Trump when they cast their ballots on December 19. Amar points out that while there are better way to elect a president than the electoral college, it would be unwise to switch rules after the end of the election and allow independent, unaccountable electors to make decisions based on what they think America wants.

Trump’s Business Conflicts: Total Divestiture Is His Only Answer

John W. Dean, former counsel to President Richard Nixon, explains why President-elect Donald Trump must divest himself from ownership in any property or entity that his actions or decisions as president might benefit. Dean draws upon his experience in the Nixon White House to argue that anything less than complete divestiture will not suffice; such is the price of public service.

How the Conservative Religious Coalition Won the 2016 Election— Part I: Education

In this first of a three-part series of columns, Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains the U.S. Supreme Court jurisprudence that allowed a conservative religious coalition to implant itself in the American public education system. Hamilton argues that the coup de grâce of this movement is Donald Trump’s appointment of Betsy DeVos to Education Secretary, signaling a focus on ideology over the best interests of children.

Why—and How—President-Elect Trump’s Conflicts of Interest Matter

Cornell University law professor Michael C. Dorf explains why President-elect Donald Trump’s conflicts of interests are problematic for the country. Dorf argues that the primary risk is that a Trump administration will pursue policies that further Trump’s business interests at the expense of the national interest. Dorf also points out two other risks posed by Trump’s conflicts of interest: the possibility of unjust enrichment and the cultural shift that corruption at the top could catalyze.

Trump has Unleashed Forces that Put the Vulnerable at Risk, Which Means the Private Sphere Will Have to Step Up to Protect Them

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, describes three individuals named to lead Donald Trump’s presidency who will threaten already-vulnerable communities. Hamilton argues that Mike Pence, Stephen Bannon, and Jeffrey Sessions are likely to reduce or eliminate the rights of gays, women, minorities, and children over the next four years unless the private sector steps up.

Fixing the Problem of “Faithless” Electors

Illinois Law dean and professor Vikram David Amar proposes a solution to the problem of the “faithless” elector—a person who pledges to vote in a particular way but then who wants to cast his or her electoral college vote in a different direction. Amar provides specific language that states could implement as law to address these rogue individuals whose actions could alter a presidential election result.

Liberal Activism in the Age of Trump

Cornell University law professor Michael C. Dorf shares some of the lessons he has learned as a vegan animal rights advocate, and explains how they apply to other policy areas. In particular, Dorf argues that in order to build a world in which presidential candidates do not pander to humanity’s basest otherizing instincts, we should aim to persuade our fellow humans of our point of view, not merely to organize to outvote them.

The End Is Nigh! Or Is It?

Cornell University law professor Joseph Margulies describes the typical pattern in politics of quiescence and backlash. As Margulies explains, it is natural for the supporters of the winning candidate to reach a sense of quiescence after the election, while the supporters of the losing candidate formulate a backlash. Margulies points out that this pattern exists regardless of whether the winning candidate is a Republican or a Democrat.

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 Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar, a Professor of Law at The George Washington Univ... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the leading church/state scholars in the United States, a Fox Distinguis... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney, writer, and editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

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

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School of... more

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more