The Antidote to Trump: Humility, Character, and Integrity, a.k.a., Judge Edward R. Becker

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, extols the late Judge Edward Becker as exemplifying the traits of integrity, intelligence, and goodness—traits Hamilton argues that President Trump lacks. Hamilton uses Judge Becker’s example to illustrate the point that not all those in power seek to abuse it.

Supreme Court Considers Whether to Grant Privacy to Cell Tower Location Records

Cornell University law professor Sherry F. Colb considers the reasoning behind an appeals court's allowing law enforcement to acquire, without a warrant or probable cause, cell phone records that include a user’s approximate location over a period of several months. Colb expresses relief that the U.S. Supreme Court has decided to consider the issue so that we can know whether, by using a cell phone, we are thereby exposing our location to the police (and not just to our wireless service providers).

Policing Sexism at the Border: The Supreme Court’s Decision in Sessions v. Morales-Santana

SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent decision in Sessions v. Morales-Santana, in which the Court held unconstitutional a federal law imposing different physical presence requirements on mothers as compared to fathers. Grossman argues that the law at issue epitomized sex discrimination and was rooted in archaic generalizations about parents based on gender.

Beveridge’s Life of Marshall and its Relevance Today

Chapman University Fowler School of Law professor Ronald D. Rotunda comments on Albert Jeremiah Beveridge’s historic biography of John Marshall and notes that both Beveridge and Marshall are revered in spite of their being wrong (in hindsight) about certain moral truths. Rotunda points out that every generation thinks itself smarter and more moral than the previous generation, so if we do not practice humility about the past, we risk being blindsided by different prejudices today.

You Know You’re Winning When Your Opponents Are Forced to Rely on Supply-Side Fantasies

George Washington law professor and economist Neil H. Buchanan once again explains why supply-side economics does not work to stimulate the economy. Buchanan points out the logical mistake of inferring causation from correlation and points to the consensus among economists across the political spectrum that supply-side economics has no basis in fact or theory.

Remaining Faithful to Free Speech and Academic Freedom

Illinois Law dean and professor Vikram David Amar laments recent instances of censored speech, particularly on university campuses, and reminds us that freedom of speech and academic freedom protect even those speakers whose message might be perceived odious, racist, sexist, or hateful. Amar points out that both freedom of speech and academic freedom are rooted in the principle that ideas and arguments ought to be evaluated on their substance and that the essence of both kinds of freedom is the opportunity to persuade others of the merits of one's argument, rather than the use of power to coerce or silence others.

Supreme Court Rules That Citizenship Must Be Equally Heritable Through Fathers and Mothers

Cornell University law professor Michael C. Dorf comments on a recent decision by the U.S. Supreme Court on the heritability of citizenship and explains why the decision might have implications for other immigration issues, such as the “Muslim ban” executive order. Dorf argues that the precedents the Court had to distinguish to reach its conclusion might give some insight into whether and how it might defer to other political branches on immigration issues.

Absolute Power Corrupts Absolutely in The Keepers

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and CEO of CHILD USA, encourages everyone to watch the Netflix docuseries The Keepers, which addresses child sex abuse in the Catholic Church. Hamilton describes the progress toward justice for child sex abuse victims, including the growing awareness of the pervasiveness the problem and increasing numbers of states who extend or eliminate statutes of limitations for these types of lawsuits and prosecutions.

Texas House Approves a Doomed Abortion Law: Why?

Cornell University law professor Sherry F. Colb discusses legislation recently approved by the Texas House that will almost certainly be struck down as unconstitutionally restricting women's right to seek an abortion prior to fetal viability. Colb explains that the legislation is more speech than it is law and discusses some possible reasons the state would want to “speak” in this manner.

Cash or Card

Guest columnists Antonio G. Sepulveda, Henrique Rangel, and Igor De Lazari comment on a recent decision by the U.S. Supreme Court that a New York law prohibiting merchants from imposing a surcharge for payment by credit card constitutes a regulation of speech, and they compare the Court’s treatment of the law as regulating speech with Brazil’s historic treatment of similar laws in that country as protecting consumers.

Predicting Donald Trump’s Presidency

John W. Dean, former counsel to President Richard Nixon, explains the type-analysis developed by political scientist and presidential scholar James David Barber, and applies it to President Trump. Dean observes that Trump fits the Active/Negative type—a type also exhibited by John Adams, Woodrow Wilson, Herbert Hoover, Lyndon Johnson, Richard Nixon, and George W. Bush. Dean argues that presidents of this type have had what he describes as “failed presidencies.”

The Trump Presidency is the Best Civics Lesson in Our Lifetimes

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, discusses how missteps by the Trump Administration have offered the American people a refresher in basic concepts of U.S. government. Hamilton breaks down these various civics topics and explains how the actions of Donald Trump and his administration have returned subjects such as checks and balances, constitutional allocation of power, and impeachment to the forefront of minds in the American public.

Politics in the U.S. Will Continue to Be Brutal and Nasty, With or Without Impeachment

George Washington law professor and economist Neil H. Buchanan predicts that regardless of the immediate future of President Trump, the foreseeable future of American politics will be dysfunctional. Buchanan argues that everyone who wants to improve the future of our country should look for solutions regardless of whether they support impeachment or not.

“Dot the i’s and Cross the t’s”: Louisiana Supreme Court Voids Prenuptial Agreement for Signature Defect

SMU Dedman School of Law professor Joanna L. Grossman describes a case in which the Louisiana Supreme Court voided a prenuptial agreement for its failure to abide by strict formalities required in that state. Grossman discusses the history of prenuptial and postnuptial agreements and uses this case and one from New York to illustrate the importance of paying attention to the details when forming these documents.

A Primer on Impeachment (With Special Attention to the Recent Allegations of Interference by President Trump in the Flynn/Russia Investigation)

Illinois Law dean and professor Vikram David Amar explains a few basics about the presidential impeachment process. Amar points out that impeachable conduct does not need to violate criminal statutes, that presidential participation in pending investigations isn’t necessarily wrong (but can be), and that not all “high crimes and misdemeanors” must lead to impeachment.

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 and a Professor of Law at The George Washington U... 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. Befo... 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 country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing 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