John W. Dean, former counsel to President Richard Nixon, relates the research and words of psychology professor Bob Altemeyer as the latter explains how difficult it would be to change the minds of supporters of Donald Trump. Based on Altemeyer’s observations, Dean proposes the only way for Democrats to succeed in 2018 and 2020 is to focus on getting sympathetic non-voters—who outnumber right-wing authoritarians in the general population—to the polls.
Marci A. Hamilton, a leading church/state scholar and Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, comments on the U.S. Supreme Court’s recent decision in Trinity Lutheran Church v. Comer, which Hamilton argues reflects a common-sense application of existing jurisprudence on the Free Exercise Clause. Hamilton laments that legislators are not acting with the same level of common sense as they develop and interpret dangerous Religious Freedom Restoration Acts.
Cornell Law professor Sherry F. Colb comments on a recent tragic incident in which a young man committed suicide under the encouragement via text message by his girlfriend. Colb considers whether her conviction by a Massachusetts judge of involuntary manslaughter was appropriate and just, and discusses some of the issues that her conviction raises, including free speech, the right to die, and traditional conceptions of causation and responsibility.
SMU Dedman School of Law professors Joanna L. Grossman and Dale Carpenter comment on a recent decision by the Texas Supreme Court in which it refuses to give effect to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which recognized a constitutional right of same-sex couples to marry. Grossman and Carpenter explain why the Texas court’s decision was clearly wrong and why factors other than merits might have (though they should not have) affected the ruling in that case.
Cornell University law professor Joseph Margulies considers why it is so difficult for people to have productive conversations about police shootings. Margulies calls upon us to ask not whether an officer involved in a shooting is a monster or a hero, but instead whether tomorrow we can do better.
Illinois Law dean and professor Vikram David Amar explains the U.S. Supreme Court’s seminal decision in United States v. Nixon and explains how it might affect the Trump administration in light of various ongoing investigations. Amar provides a brief summary of the Court’s holding in that case, calls attention to some weaknesses in its reasoning, and anticipates what issues might present themselves again.
SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent summary reversal of the Arkansas Supreme Court’s ruling that upheld that state’s attempt to avoid the marriage equality decision in Obergefell v. Hodges. Grossman describes the ways in which some states, such as Arkansas in this case, have tried to avoid, subvert, or limit Obergefell’s holding, and she discusses the Supreme Court’s simple yet clear response, as well as the significance of Justice Gorsuch’s dissent from the per curiam opinion.
Neil H. Buchanan, a George Washington law professor and economist, argues that the tax code status quo (imperfect as it is) is better than the changes Republicans are proposing to make. Buchanan explains the difference between the marginal tax rate and the effective tax rate and how Republicans focus only on marginal tax rates in order to mislead the public.
Cornell University law professor Michael C. Dorf discusses possible implications and outcomes of the Supreme Court’s recent announcement that it will review the appeals court decisions invalidating President Trump’s travel ban executive order. Dorf explains the issue of mootness and also explains how one might predict how the Court will rule on the merits of the case.
Marci A. Hamilton—a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, and the CEO and Academic Director of CHILD USA—explains why the New York Senate refuses to take up the issue of the Child Victims Act, which would reform the state’s antiquated child sex abuse statutes of limitations. Hamilton points out that none of the arguments against reform actually hold water and that the real reason lies in the secrets contained in the Secret Archives.
Attorney and Justia editor Sarah Andropoulos comments on some of the ethical considerations raised by the increasingly popular practice of crowdfunding by lawyers. Andropoulos considers whether attorney crowdfunding presents new ethical risks or simply calls for application of established ethics rules to new technology.
John W. Dean, former counsel to President Richard Nixon, describes President Trump’s lifelong history of being in fights—with wives, business partners, vendors, tenants, the news media, and countless others. Dean argues that Trump’s fight tactics include lying, cheating, and seeking to intimidate—skills he likely learned from New York City attorney Roy Cohn.
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.
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).
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.
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.
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.
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.
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.
John W. Dean, former counsel to President Nixon, reflects on the much-anticipated testimony of former FBI Director James Comey before the Senate Intelligence Committee on Thursday. Dean briefly summarizes the takeaways from Comey’s testimony and discusses the response by President Trump and his lawyer.