Impeachment of the President Normally Requires a Crime

NYU law professor Samuel Estreicher and 3L Christopher S. Owens discuss the unique situation of the impeachment of a U.S. President for conduct not alleged to be a crime. Looking to both text and history, Estreicher and Owens argue that commission of a particular, defined crime should be necessary for presidential impeachment for the preservation of the legitimacy and original purpose of that political device, particularly in polarized times such as these.

2019 Is the Year We Reached the Tipping Point for Sex Abuse and Assault Victims to Receive Justice: 2020 Will Be Even Better for SOL Reform

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, reviews the 2019 victories of victims of child sex abuse and assault and describes what needs to happen in 2020 to further secure justice for them.

Can a President Who Is Reelected After Being Acquitted in One Impeachment Case be Retried by a Subsequent Senate?

Illinois law dean and professor Vikram David Amar considers whether a President who has been impeached and acquitted may, if reelected, be retried by a subsequent Senate. Amar acknowledges that it is unclear whether the Fifth and Sixth Amendments’ criminal procedural protections apply to impeachment proceedings, but he offers two key reasons that re-litigation of impeachment allegations after presidential reelection would be improper.

Man’s Best Captive

Cornell law professor Sherry F. Colb considers whether an explanation for the affection dogs express for their humans might be explained by the Stockholm Syndrome, the condition that afflicts many kidnapped people and other abuse victims in which they form an attachment, sometimes called a trauma bond, that manifests as seeking the abuser’s approval and craving closeness rather than trying to escape. Colb argues that even though pet owners might not intend abuse, the unpredictable repetition of house arrest and silent treatment, followed by intermittent returns, might amount to abuse in the minds of these animals we hold as pets.

Taking Stock: A Review of Justice Stevens’s Last Book and an Appreciation of His Extraordinary Service on the Supreme Court

Rodger D. Citron, the Associate Dean for Research and Scholarship and a Professor of Law at Touro College, Jacob D. Fuchsberg Law Center, comments on the late Justice John Paul Stevens’s last book, The Making of a Justice: Reflections on My First 94 Years. Citron laments that, in his view, the memoir is too long yet does not say enough, but he lauds the justice for his outstanding service on the Supreme Court.

Evaluating the Lawsuit Attacking Mississippi’s Distinctive Method of Picking Governors: Part Three in a Series

In this third of a series of columns on a legal challenge to Mississippi’s method of selecting governors, Illinois law dean Vikram David Amar and professor Jason Mazzone discuss the merits of the challenge, with a particular focus on the plaintiffs’ contention that the method violates the one-person, one-vote principle enshrined in the Equal Protection Clause of the Fourteenth Amendment. Amar and Mazzone discuss the relevant precedents and argue that based on those precedents, the challenge has solid legal ground on which to proceed.

If There Are No “Obama Judges” or “Trump Judges,” Does the Constitution Permit Delaware to Require Partisan Balance on its Courts? The Supreme Court Will Decide.

Cornell law professor Michael C. Dorf comments on a case the U.S. Supreme Court recently agreed to review that presents the question whether a provision of the Delaware Constitution that requires the state’s judiciary be nearly equally balanced between Democrats and Republicans is constitutional. Dorf argues in favor of the provision, explaining that the provision takes into consideration partisan affiliation as means of limiting the role of politics in judicial appointments and judging.

Charles Schwab in Praise of Fiduciary Independent Advisers

BU Law emerita professor Tamar Frankel describes two advertisements by Charles Schwab ostensibly praising independent investment advisers, who are fiduciaries. Frankel explains why this development may lead to a separation of advice from execution of trade in a way that offers greater protections to investors.

Can Economics Get Better, Even Though It Can’t Get Better?

UF law professor and economist Neil H. Buchanan comments on a recent positive development in the economics profession—a move beyond the narrow notion of “Pareto efficiency” that economists have used for decades to support trickle-down economics. Buchanan explains the significance of this development, with the caveat that the change will likely not make much difference in actual economic policies.

Same-Sex Couples, Identical Twins, and the Text of Title VII: Point-Counterpoint

Cornell law 3L Jareb Gleckel and professor Sherry F. Colb discuss, in point-counterpoint style, one aspect of the legal issue presented in Altitude Express v. Zarda—in which the U.S. Supreme Court will decide whether Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against their employees based on sexual orientation. Gleckel argues that sexual orientation discrimination does not qualify as sex discrimination under the text of Title VII and describes a hypothetical example in support of his argument. In response, Colb first addresses Gleckel’s formalistic argument and then contends, even assuming Gleckel’s premise to be true, that because the policy at issue in Zarda discriminates between men and women both formally and in a manner that inflicts a gender-relevant injury, it violates the text of Title VII.

Did President Trump Commit the Federal Crime of Bribery?

NYU law professor Samuel Estreicher and 3L Christopher S. Owens analyze, based on the facts presently known to the public, whether President Trump committed the federal crime of battery. After describing the elements required for the offense of bribery, Estreicher and Owens conclude that Trump’s conduct would support a finding of an exchange of official acts (by Trump) for things of value (the public statement sought from Zelensky), as well as the corrupt intent necessary to maintain a bribery charge.

Examining Federal Court Power in the Challenge to Mississippi’s Regime for Electing Governors: Part Two in Series

In this second of a series of columns, Illinois law dean Vikram David Amar and professor Jason Mazzone continue their discussion of a federal lawsuit challenging Mississippi’s scheme for electing governors. Amar and Mazzone examine a few important procedural and jurisdictional issues the lawsuit presents, specifically, why the plaintiffs have standing to sue in federal court and what remedies a federal court might provide if it agrees with the plaintiffs on the merits.

Trump Administration Lawyer Asserts That a State Courthouse is no Different from a Burger King

Cornell law professor Michael C. Dorf comments on a lawsuit in which New York State and other plaintiffs are suing the federal government over an immigration policy of arresting undocumented immigrants when they appear in state court on unrelated matters. Dorf explains why the federal judge hearing the case should reject the government’s motion to dismiss the lawsuit.

What Does John Bolton Know, and When Will We Know It? Why the Former National Security Advisor May Hold Trump’s Fate in His Hands

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, explains why former National Security Advisor John Bolton may hold the key to what happens with the impeachment proceedings of President Trump. Falvy describes Bolton’s background and shows why he may play such a critical and unique role in what happens to the President.

Another Way That American Democracy Might End

Neil H. Buchanan, a University of Florida Levin College of Law professor and economist, argues that a 2020 win for President Donald Trump would likely to lead to the end of constitutional democracy. Buchanan points out that the demise would be due not only to what Trump would do if reelected, but also what the Democratic Party and the media would do to pretend that the victory resulted from legitimate processes.

Reducing Pregnancy Discrimination, One Accommodation at a Time

SMU Dedman School of Law professor Joanna L. Grossman discusses a recent decision by a federal district court in Louisiana correctly applying the U.S. Supreme Court’s decision in Young v. United Parcel Service. Grossman describes the facts of that case and explains how Young affected the outcome; she argues that many cases decided before Young should come out differently now, but only if courts carefully apply the new standard to the facts before them.

2019 Is a Banner Year for SOL Reform, But There Is Much More to Do

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, explains why 2019 has been such an historic year for child sex abuse victims. Hamilton points out that children will not thrive in a society where individuals and institutions can ignore child sex abuse without consequence, so we must focus on protecting children and holding perpetrators and institutions accountable.

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

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

Lesley Wexler
Lesley Wexler

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