Kavanaugh Saga Shows the #MeToo Movement at a Crossroads: Three Legal Reforms Needed Now

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains how the Kavanaugh confirmation process shows the crossroads at which the #MeToo movement now stands. Hamilton goes on to describe three legal reforms that are needed now: to fix the criminal and civil statutes of limitations, to revise defamation laws, and to fix the mandated reporting laws so those with knowledge of sex assault share it with the authorities.

Evaluating a Rape List

Cornell law professor Sherry F. Colb comments on a wiki document allegedly started by a group of students at the University of Washington last year that allows people to make anonymous accusations of rape or sexual abuse by posting the names of alleged assailants. Colb explains the reasons behind the list, as well as the problems the list poses, and concludes that while the list is not perfect, it may be the only form of justice available to victims under a system that fails to prosecute and convict acquaintance rapists in earnest.

Q & A with the Author: Prius or Pickup? How the Answers to Four Simple Questions Explain America’s Great Divide

John W. Dean, former White House counsel to President Nixon, engages in a question-and-answer session with Jonathan Weiler, who, along with Marc Hetherington, authored Prius or Pickup? How the Answers to Four Simple Questions Explain America’s Great Divide. Responding to Dean’s insightful questions, Weiler explains some of the book’s themes, particularly the authors’ choice to use the terms “fixed,” “fluid,” and “mixed” to describe political views that have traditionally been described in terms of “authoritarianism.” Dean praises the work as a fascinating read and a well-written book.

Is California’s Mandate That Public Companies Include Women on Their Boards of Directors Constitutional? Part Two

Illinois Law dean Vikram David Amar and professor Jason Mazzone continue their discussion of the constitutionality of California’s law requiring that publicly held corporations have a minimum number of women on their boards of directors. In this second of a series of columns, Amar and Mazzone consider whether California’s ostensible reasons for enacting and implementing SB826 are permissible and “important”—the standard required under federal intermediate equal protection scrutiny.

Employees’ Representation in Corporate Boards

Guest columnists Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, and Sezgi G. Fuechec, a foreign-trained transactional lawyer with an LL.M. degree in banking and financial law, discuss the trend of employee representation in corporate boards. Frankel and Fuechec point out that while idea of employee representation in the board level is not novel, it is an important development that more corporations should embrace now, rather than waiting until there is a significant conflict between employees, management, and financiers.

Trump Channels Nixon Again: This Time, His Target Is the US Economy

GW Law professor and economist Neil H. Buchanan describes why President Trump’s recent attacks on the nation’s independent central bank, the Federal Reserve, is dangerous and worrisome. Buchanan explains the reason the Fed is independent of politics and highlights the importance of its continued existence and independence, regardless of who is in the White House.

Trump’s—and the GOP’s—Hat Trick of Falsehoods About Pre-Existing Conditions

Cornell law professor Michael C. Dorf debunks President Trump’s claim that he has kept his campaign promise to “protect coverage for patients with pre-existing conditions.” Dorf provides three primary reasons that the claim is dishonest: the administration’s position in a pending lawsuit; the GOP’s proposed alternative, which does not require insurance companies to offer policies that actually cover pre-existing conditions, and the claim that Democratic support of Medicare for All is “radical socialism.”

Reversal of Reputation: How Dershowitz is Taking Liberties to Defend Trump

Dean Falvy, a lecturer at the University of Washington School of Law, critiques Alan Dershowitz’s The Case Against Impeaching Trump, finding that the book is essentially a defense brief for President Trump that largely lacks meaningful legal analysis. Falvy argues that the book won’t persuade any legal scholars, but if at least 34 members of the GOP Senate caucus buy Dershowitz’s argument, Trump will likely not be forced from office.

Pennsylvania Republican Leadership Spits in the Eyes of Child Sex Abuse Victims with Faux Justice in New Proposal

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, criticizes Pennsylvania Republican leadership for letting down child sex abuse victims in that state by proposing a “tribunal” that amounts to faux justice rather than passing meaningful legislation. Hamilton calls upon the legislature to pass a real window via statute of limitation reform and to let the private entities handle their own compensation funds.

Should Madison Live or Die?

UNLV Boyd School of Law professor Leslie C. Griffin comments on a case currently before the US Supreme Court—Madison v. Alabama—in which the Court will consider whether a death row inmate may constitutionally be executed despite his advanced dementia causing him not to recall the crime for which he is to be executed. Griffin highlights the ethical and legal issues raised in that case and addresses considerations on both sides.

Girls…Will Not…Replace Us

Cornell law professor Sherry F. Colb argues that some people's belief in the trivial nature of sexual assault may go hand in hand with the belief that it never happened. Colb examines the relationship between denial and devaluation in other contexts, as well as in the context of gender oppression, and finds consistency in the thinking of people who hate or otherwise persecute others.

Beneath the Fray: Federal Courts Continue the Work of Enforcing Sexual Harassment Laws

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal court in Florida correctly denying an employer’s motion for summary judgment in a workplace rape case that deserves a full trial on the merits. Grossman points out that anti-discrimination law is not sufficient to eliminate, or even substantially reduce, the incidence of sexual harassment at work, but it is unquestionably necessary to address that problem and protect survivors.

The Future of the American City: Part Two

In this second of a four-part series about a new approach to community well-being, Cornell law professor Joseph Margulies comments on the problem of displacement. Margulies points out that influx of capital is not necessarily bad for community well-being but distinguishes gentrification, which can be good, from displacement, which is harmful to communities.

A Beginning, Not An Ending: #MeToo and the Kavanaugh Confirmation

Illinois law professors Lesley Wexler and Colleen Murphy propose that the most lasting legacy of the Kavanaugh confirmation battle will not be Judge Kavanaugh’s imprint on the Court, but the bravery Dr. Ford has inspired in others. Wexler and Murphy view the recent events through the lens of transitional justice and argue that the confirmation of Judge Kavanaugh is not dispositive or even indicative of whether the aspirations for #MeToo movement may be realized.

Is California’s Mandate That Public Companies Include Women on Their Boards Of Directors Constitutional?

Illinois Law dean Vikram David Amar and professor Jason Mazzone consider the constitutionality of California’s recently passed law requiring that publicly held corporations to have a minimum number of women on their boards of directors. In this first of a series of columns on this topic, Amar and Mazzone analyze whether, under the Equal Protection Clause, the law fails federal intermediate scrutiny.

Could the Conservative Attack on the Administrative State be Good for Net Neutrality—and for Progressive Regulation More Generally?

Cornell law professor Michael C. Dorf anticipates the possible next steps in the federal government’s lawsuit against California over the state’s new law mandating net neutrality. Dorf explains why, if conservative scholars and Supreme Court justices succeed in what seems to be their goal of weakening federal regulatory agencies, that could ironically be a boon to net neutrality and to government regulation more broadly.

To Achieve Justice for the Victims of Sex Abuse in Pennsylvania: Don’t Let History Repeat Itself

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains why it is so important for the justice for the victims of sex abuse in Pennsylvania that that state continue its momentum for statute of limitations reform. Hamilton explains that the state legislature has only seven days left in its session to pass the reform.

What Do the Cases Involving Bill Cosby, Clergy Sex Abuse, and Brett Kavanaugh Have in Common? Powerful Men Who Think Themselves Powerful Enough to Make Credible Accusations Disappear, But They Are Wrong

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains how Bill Cosby, Catholic clergy, and Brett Kavanaugh are all in different stages in the justice system but cut from the same cloth. Hamilton points out that in the era of #MeToo, powerful men can no longer evade credible serial accusations of sexual misconduct.

A Picnic, A Jew, and the Surrender of Critical Judgment

Cornell law professor Sherry F. Colb observes that we as a society have become extremely credulous for an era of cynicism and that we as individuals have divested ourselves of critical judgment, preferring instead to defer to people who share our political ideology or qualify for special status for some other reason. Colb considers what might be driving this deference and how we can combat it. She points out that constructive disagreement is healthy and that “viewpoints are not violence, disagreement is not hatred, and no one has a patent on the truth.”

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 is an economist and legal scholar and a Professor of Law at The George... 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 Robert A. Fox Leadership Program 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

Anita Ramasastry
Anita Ramasastry

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

Lesley Wexler
Lesley Wexler

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