Cornell University law professor Michael Dorf explains why Republicans’ claims that President Obama lacks democratic legitimacy in appointing a successor to the late Justice Antonin Scalia. Dorf points out that the reasons offered thus far for refusing to confirm an Obama nominee seem to imply that originalism/formalism can be validated or invalidated by popular approval, even absent a constitutional amendment.
Cornell University law professor Joseph Margulies comments on Donald Trump’s recent declaration that not only does he support torture, but that if he becomes president, he would utilize it more, regardless of whether it “works.” Margulies explores these statements as well as the identity of those who support him and his views.
Cornell University law professor Joseph Margulies comments on the likely political and legal consequences of the recent passing of Associate Supreme Court Justice Antonin Scalia. Margulies predicts that, due to the ongoing presidential campaign, anyone President Obama nominates to fill the vacancy might become both a partisan tool in presidential politics and also a symbol for the future of America.
In this first of a series of columns evaluating presidential candidates’ claims of being moderate, George Washington law professor and economist Neil H. Buchanan argues that Marco Rubio is extremely conservative on both social and economic issues. Buchanan points to Rubio’s position on such social issues as reproductive rights, same-sex marriage, gun control, and economic issues such as tax policy and the federal budget.
Cornell University law professor Michael Dorf reviews Sidney Tarrow’s new book, War, States, and Contention. Dorf considers how Tarrow’s view of the role of contentious politics applies in the current political campaign and examines the relation between national security and domestic social movements.
Illinois Law dean and law professor Vikram David Amar evaluates three people’s statements regarding America’s treatment of Muslims: President Obama, an Iowa businessman, and a local Muslim cleric (an imam). Amar points out that Donald Trump’s proposal that America ban all Muslims from entering the country is vastly underinclusive (because the great majority of violent acts in this country are perpetrated by non-Muslims), and at the same time very overinclusive (because the overwhelming majority of Muslims who want to enter the United States intend no harm)—two indicators of legal and moral unfairness.
Cardozo law professor Marci Hamilton comments on the use of religious terms in among the Republican presidential candidates, particularly terms that refer to a specific religio-political world view. Hamilton especially critiques Cruz’s and Rubio’s invocation of Ronald Reagan’s name, pointing out that Reagan tried to bring Americans together in his speeches, even in his references to God.
Neil H. Buchanan, a law professor and economist at George Washington University, comments on the recent trend of mainstream liberal opinion makers to express public support for labor unions. Buchanan explains the tumultuous history of liberals and labor unions, and he wonders whether this overdue support is too little too late, in light of a case currently before the U.S. Supreme Court.
George Washington law professor and economist Neil H. Buchanan discusses a set of issues raised by an op-ed on the public health emergency in Flint, Michigan, written by one of former president George W. Bush’s speechwriters. Buchanan argues that one of the takeaway lessons is that the government—and particularly the federal government—plays an essential role in responding adequately when disaster strikes.
George Washington law professor and economist Neil Buchanan explains how the ways in which Baby Boomers have positively and negatively shaped the world for Millenials. Buchanan points out that Baby Boomers actually did well in some of the areas for which Millenials criticize them, though they also fell short in other areas.
George Washington law professor and economist Neil H. Buchanan considers whether any Republican would ever leave the party in light of the increasingly extremist views of the influential party leaders. Buchanan concludes that it is highly unlikely, for a number of reasons, that even Donald Trump could drive away moderate Republicans from the GOP in any permanent sense.
Former counsel to the president John W. Dean argues that Donald Trump’s campaign is showing to the national public what authoritarian politics is all about. Dean ultimately says that he does not find Trump’s rhetoric threatening, because an authoritarian such as Trump—even if he secures the nomination—cannot find broad enough voter support across the country.
Cardozo law professor Marci Hamilton argues that Donald Trump and his extreme comments illustrate the need for civil, accurate discourse, rather than blunderbuss and showmanship. Hamilton points to the work by the Program in Research on Religion and Urban Civil Society at the University of Pennsylvania, which is conducting a social experiment that shows that people from different sides of the political/religious divide can have a meaningful conversation and reach agreement for the common good.
George Washington law professor and economist Neil H. Buchanan argues that the Republican presidential candidates fear doing anything risky or unpleasant, such as criticizing the extreme views of Donald Trump or failing to enact meaningful gun control reform.
Chapman University law professor Ronald Rotunda critiques Donald Trump’s presidential campaign as falsely claiming to be self-financing. Rotunda explains what Trump is actually doing with the political donations to his campaign, and why it is not self-financing at all.
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.
Cardozo law professor Marci Hamilton predicts that the release of the motion picture Spotlight—which is about the cover up of child sex abuse by priests in the Boston Archdiocese—will force the hands of politicians and candidates across the country with respect to their positions on these issues.
George Washington law professor and economist Neil H. Buchanan considers the importance of a president himself (or herself) actually having deep knowledge of issues. Buchanan draws upon the presidencies of Reagan, both Bushes, Clinton, Obama, and others, in concluding that the president’s advisors are crucial in determining the tone of a president’s impact.
George Washington law professor and economist Neil Buchanan explains why budget deal that temporarily addresses the debt ceiling issue is really a time bomb that will go off on the next president, if he or she is a Democrat.
Former counsel to the president John W. Dean strongly critiques the House Select Committee on Benghazi for conducting itself without decency or civility. Dean compares the committee’s hearings to the so-called Army-McCarthy hearing of June 9, 1954, in which Republican Senator Joe McCarthy charged that the Army had been infiltrated by communists.
