Two Decades After 9/11, It’s Looking Like American Democracy Won’t Survive the 2024 Election

Amherst professor Austin Sarat argues that American democracy is at a critical juncture, facing existential threats in the lead-up to the 2024 presidential election. Professor Sarat contends that Donald Trump and his supporters are sowing distrust in the electoral system by labeling legal actions against Trump as “election interference,” a strategy that is dividing public opinion and undermining faith in democratic institutions, potentially leading to dire consequences for the future of American democracy regardless of the 2024 election outcome.

ChatGPT is Notoriously Bad at Legal Research. So Let’s Use it to Teach Legal Research

Rutgers Law adjunct lecturer David S. Kemp argues that despite ChatGPT’s limitations in producing accurate legal research, these shortcomings can be leveraged as teaching tools in law schools. By encouraging students to use AI-generated text as a starting point and then to verify its content using reliable sources, educators can enhance students’ research skills, critical thinking, and ethical responsibility.

Those Who Downplay Bigotry and Extremism Enable Bigotry and Extremism

Law professor and economist Neil H. Buchanan argues that mainstream media’s self-reckoning after the 2016 U.S. presidential election led to an overcompensation, which gave platforms to conservative “outside voices” that did not authentically represent the “Real America” they claimed to understand. Professor Buchanan criticizes this overcompensation for leading to an uncritical amplification of narratives like Gary Abernathy’s, which justify and perpetuate the divisive and false beliefs held by Trump supporters, while failing to meaningfully engage with the deeper issues.

Contempt of Cop

Cornell professor Joseph Margulies explores the journey of Rob Hildum, a former Assistant District Attorney in New Orleans and now a judge in Washington, D.C., who reflects on his past complicity in a system that disproportionately targets and harms Black individuals. Professor Margulies connects Hildum’s narrative with broader issues of systemic racism and police brutality, using recent cases like the killing of Ta’Kiya Young in Ohio to demonstrate that the unwillingness to challenge deeply ingrained beliefs and practices—like the appropriateness of “street justice”—perpetuates injustice.

Trump’s Republican Allies Plan to Misuse the Power of the Purse to Protect Him

Amherst professor Austin Sarat criticizes efforts by some Republicans to use the power of the purse to protect former President Donald Trump from criminal prosecutions. Professor Sarat argues that such actions are not only an abuse of power but also potentially unconstitutional, undermining the separation of powers and echoing historic misuses of legislative authority.

Why Stay to Fight a Losing Battle? (Part Two of a Series)

Professor Neil H. Buchanan—an economist and legal scholar who is a visiting professor at both Osgoode Hall Law School and the University of Toronto Law, and who has accepted a research sabbatical and retirement offer from the University of Florida—discusses the erosion of academic freedom and tenure in universities, specifically focusing on recent legislative changes in Florida that undermine intellectual freedom. Professor Buchanan argues that the political climate has made it nearly impossible to challenge these changes effectively, leading him to conclude that sometimes a strategic retreat is necessary when facing an unyielding and empowered opposition.

The Answer to the Judge’s New Question in Mark Meadows’s Removal of his Georgia Indictment

Former federal prosecutor Dennis Aftergut argues that in deciding whether Mark Meadows’s case should be tried in federal court, the judge should apply a “totality of the circumstances” test—which would result in the case being remanded to state court. Mr. Aftergut points out that this approach would weigh all of Meadows’s actions, rather than focusing on a single official act, thereby accommodating competing legal and social values.

Does Diversity Have a Future?

Cornell Law professor Michael C. Dorf argues that while the recent departure of Stanford’s associate dean for Diversity, Equity, and Inclusion (DEI) is noteworthy, the broader issue is the legal status of diversity initiatives following the recent Supreme Court ruling in Students for Fair Admissions v. President and Fellows of Harvard College. Professor Dorf contends that despite the Court’s skepticism towards race-based affirmative action, DEI offices still have a legitimate role, albeit one that may need to adjust its approaches to promoting diversity and inclusion.

Is Higher Education Spending Excessive? In Some Ways Maybe Yes, in Others Perhaps Not

Responding to an article earlier this month in the Wall Street Journal criticizing spending by state universities, UC Davis law professor Vikram David Amar argues that while public universities have indeed increased spending and tuition, the situation is more nuanced than simply blaming administrative bloat or wasteful spending. Professor Amar contends that higher education today offers a qualitatively different product than it did two decades ago, with enhanced services in career planning, mental health, and academic support, among other things, and that these changes, along with external factors like professorial salaries and underfunded pensions, contribute to the rise in costs.

Ron DeSantis and Jim Jordan Offer a Preview of How Republicans Will Politicize Justice in the United States if Given the Chance

Amherst professor Austin Sarat criticizes Florida Governor Ron DeSantis and Congressman Jim Jordan for decrying the “weaponization” of justice while themselves exerting political pressure to remove duly elected Democratic district attorneys. Professor Sarat warns that such actions undermine the independence of prosecutors and pose a threat to the rule of law, and he cautions voters to be vigilant against this danger in upcoming elections.

Georgia Defendant Kenneth Chesebro Got His Speedy Trial Date; He May Soon Lament Not Being Careful About What He Wished For

Former federal prosecutor Dennis Aftergut comments on the Fulton County indictment process involving Donald Trump and 18 others, including Kenneth Chesebro, who allegedly created the “fake elector” scheme. Mr. Aftergut explains the possible strategies by the prosecutor and defense, focusing on how Chesebro’s now-severed trial could pave the way for other prosecutions in the case, and provides insights into the evidence against him, emphasizing that a conviction in his trial could offer momentum for cases against Trump and other defendants.

Trump, Evangelicals, and Why Indictments Don’t Shake Their Support

Penn professor Marci Hamilton highlights the alarming alignment between Donald Trump and right-leaning evangelicals in undermining the rule of law, suggesting that both view it as an expendable barrier to their goals. Professor Hamilton draws attention to Trump's lawlessness and the evangelicals' belief that their religious convictions should override legal principles, creating a synergy where both groups assist each other, even as Trump faces legal accusations.

Abandoning Precedent: The Case for Bringing ChatGPT into Law Schools

Rutgers Law adjunct lecturer David S. Kemp argues that generative artificial intelligence (AI) tools like ChatGPT can effectively complement conventional methods of learning in law school and can push law students (and their instrutors) to think critically and creatively about the future of legal practice. Mr. Kemp points out that generative AI is poised to revolutionize the practice of law and that forward-looking law educators should embrace the technology to best position their students to succeed today and tomorrow.

2024 Is Shaping Up to Be the Worst “Hold Your Nose” Contest in American History, and That’s Bad News for the Democratic Party and Democracy Itself

Amherst professor Austin Sarat describes the deep dissatisfaction and uncertainty surrounding the potential presidential candidates for the 2024 election, with recent polls showing neither Donald Trump nor Joe Biden as favorable choices for many Americans. Highlighting a historic level of pessimism about the country's direction, Professor Sarat warns that the upcoming “hold your nose” election, characterized by choosing the lesser of two evils, may pose a significant threat to the future of the Democratic Party and American democracy as a whole.

The Court’s Pause: A Necessary Change for Victims

Kathryn Robb, executive director of CHILD USAdvocacy, critically observes that Chapter 11 of the U.S. Bankruptcy Code has been misused by entities like Purdue Pharma, Boy Scouts of America, and the Catholic Church to shield themselves from liability, particularly in cases involving the opioid epidemic and child sexual abuse. Ms. Robb calls for Congress and the U.S. Supreme Court to take immediate action to rectify these abuses, with the recent delay in the Purdue Pharma settlement presenting an opportunity for Congress to pass legislative amendments that serve justice and protect victims.

Idaho Judge Opens the Door for an Exploration of the Psychological Cruelty of Capital Punishment

erst professor Austin Sarat comments on the case of Gerald Pizzuto, whom the state of Idaho has sought to execute by lethal injection five times since his 1986 conviction for first-degree murder. Professor Sarat points out that U.S. District Court Judge B. Lynn Winmill, who ruled in Pizzuto’s case, recognized the inherent psychological cruelty of capital punishment, particularly when it involves repeated rescheduling of execution dates.

Fighting the Good Fight versus Knowing When to Move On (Part One of a Series)

Professor Neil H. Buchanan, a professor who has accepted a research sabbatical and retirement offer from the University of Florida, explains his decision to leave. He cites Florida’s increasingly hostile stance towards professors and higher education, driven by the state’s Republican Party, as the main cause for his departure, expressing concern over the state’s attacks on tenure, academic freedom, and its enactment of vaguely written laws that could compromise educational integrity, leading to a “brain drain” from the state.

Justice Alito is Wrong: Congress Can and Does Regulate the Supreme Court

Cornell Law professor Michael C. Dorf responds to a recent Wall Street Journal “puff piece” on U.S. Supreme Court Justice Samuel Alito, arguing that, contrary to the op-ed authors’ assertion, Justice Alito’s purported commitment to textualism is disingenuous and that he finds ways (atextually, if needed) to vote consistently for ideologically conservative outcomes. Professor Dorf refutes Justice Alito’s claim that Congress lacks the authority to impose ethical standards on the Supreme Court, pointing out Congress’s historical role in shaping the Court and the existing ethics regulations that apply to the Justices.

Do No Harm: Texas Court Rules in Favor of Women Harmed by Abortion Ban’s Inadequate Protection for Medical Emergencies

Stanford Law visiting professor Joanna L. Grossman discusses the legal landscape surrounding abortion rights in Texas, tracing its development from the Roe v. Wade decision to recent state laws that severely limit abortion access. Professor Grossman explains how a recent lawsuit challenging the Texas law’s enforcement against physicians whose good-faith judgment determines the pregnant person has an emergent medical condition requiring abortion care demonstrates that abortion bans have changed the way obstetrical care is practiced across the board.

Clarence Thomas, Donald Trump and the “Tribal View” of Ethics or What Would Abe Fortas Think About Today’s Scandals?

Amherst professor Austin Sarat critiques U.S. Supreme Court Justice Clarence Thomas for his close relationships with conservative billionaires and the luxurious gifts and perks he’s received from them without proper disclosure, as recently reported by ProPublica. Drawing parallels to the case of Justice Abe Fortas, who resigned in the 1960s after a series of ethical missteps, Professor Sarat suggests that the current divisive political climate enables and even rewards ethically questionable behavior among leaders, as long as it aligns with tribal loyalties and partisan allegiances.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... 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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is the Dwight D. Opperman Professor, Director, Center for Labor and Employment... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

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