Illinois Law professor Lesley Wexler comments on the Windrush scandal developing in the United Kingdom, just one example of immigration policies that affect not only undocumented migrants present unlawfully but also undocumented citizens present lawfully. Wexler explores the reasons for the scandal and identifies troubling shortcomings in the apology and remedy offered.
Illinois Law dean and professor Vikram David Amar relates insights on campus free speech principles that came up during a recent discussion with renowned constitutional commentators Erwin Chemerinsky and Geof Stone. Among the insights are some possible explanations for why many college students today seem opposed to allowing offensive speech on campus, the different perspectives on the proper role of university officials regarding controversial guest speakers, and the question of when the costs of providing security for controversial speaker events justifies the cancellation or termination of the event.
George Washington law professor and economist Neil H. Buchanan debunks the supposedly simple solutions some purported economists have for complex problems. Buchanan explains that regardless of where one is on the political spectrum, complex social and economic issues—particularly the housing crisis affecting many cities across the country—require considering a number of factors and cannot be solved by “simply” assuming away real-life complications.
Cornell University law professor Michael C. Dorf comments on a recent Ninth Circuit decision rejecting an effort by PETA to bring a copyright lawsuit on behalf of Naruto, a crested macaque. Dorf points out that while the result in that case is unsurprising, the court’s reasoning raises important questions about the role of lawsuits and law more generally in furthering the interests of nonhuman animals.
In this first of a multi-part series of columns about the legal duties of broker-dealers, Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, defines fiduciaries and explains the rationale for their duties. In the following columns, Frankel considers the significance of specific words in this context, the legal consequences of such words, and potential ramifications.
Cornell University law professor Joseph Margulies describes some of the positive and negative consequences for whichever city Amazon decides will be home to its second headquarters. Margulies looks specifically at Olneyville—a low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island, and concludes that on balance, the benefits of Amazon choosing Boston for its second headquarters could outweigh the risks to communities like Olneyville. Margulies calls upon Providence and indeed all cities to make firm, non-negotiable, legally binding commitments to protect and preserve affordable housing and to make sure that the benefits flow equitably to all residents.
Illinois Law professor Lesley Wexler explores the narrative of the so-called career death penalty that has arisen from the #MeToo movement and considers lustration—a process of purging or vetting individuals responsible for abuses of the state—as a mechanism to govern some of the high-profile harassers. Wexler calls upon the public and the media to help create a different story—a better world—where individuals who have engaged in harassment no longer need to serve as cultural or economic arbiters.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, praises Olympic gold medalist in judo Kayla Harrison’s book Fighting Back: What an Olympic Champion’s Story Can Teach Us About Recognizing and Preventing Child Sexual Abuse—And Helping Kids Recover. Hamilton describes the book as ambitious, but well worth reading, especially for teachers, coaches, youth-serving organizations, and every parent intent on preventing the sexual abuse of their children.
George Washington law professor and economist Neil H. Buchanan comments on the entrance of popular TV shows into the political fray, especially (recently) “Roseanne.” Buchanan argues that for Roseanne Conner to be portrayed as a Trump supporter is inconsistent with her (fictional) character as developed over the years.
SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.
Cornell University law professor Sherry F. Colb explains why Atlantic writer Kevin Williamson’s call for hanging (or otherwise executing) women who abort reveals misogynist thinking at work. Colb describes how sexism differs from misogyny and points out why the latter is worse than the former.
Illinois Law dean and professor Vikram David Amar comments on Tim Draper’s proposal to divide California into three separate state. Amar describes what the proposal would do and provides three levels of hurdles that will (and Amar argues should) make the proposal a difficult sell, particularly among rational Democrats, who make up the majority of California voters.
Cornell University law professor Michael C. Dorf comments on an exchange during the confirmation hearing of Wendy Vitter, whom President Trump has nominated for a federal district court judgeship, in which Vitter declined to answer whether she thought Brown v. Board of Education was rightly decided. Dorf points out that Vitter’s refusal to answer that question may have been an attempt to avoid further scrutiny about her views about abortion but also served to inadvertently acknowledge what conservatives routinely deny—that a judge’s “personal, religious, and political” views necessarily interact with the legal materials.
Illinois Law professor Lesley Wexler discusses the decision by Hamas to pay funds to those wounded and to the families of those killed by Israeli military forces and considers whether such payments ought to be condemned as “pay for slay” disbursements. Wexler concludes that due to the unconditional nature of the offer, at least some payments made by Hamas might be appropriate because they are not conditioned on affiliation with or motivation by Hamas’s military wing.
Cornell University law professor Joseph Margulies expands upon a prior column in which he argued that all of President Donald Trump’s attacks thus far on Special Counsel Mueller are not actually a threat to the rule of law. Margulies considers two other scenarios: delegating the task of firing the special counsel, which Margulies argues does threaten the rule of law, and pardoning those convicted by the special counsel, which he argues does not.
Marci A. Hamilton, the Fox Professor of Practice and Fox Family Pavilion Resident Senior Fellow in the Program for Research on Religion in the Fox Leadership Program at the University of Pennsylvania, explains why Bill Cosby’s retrial for the sexual assault of Andrea Constand will likely go differently from the first one, which ended in a mistrial. Hamilton describes the changes in public awareness and understanding of sexual assault over the past year, as well as some procedural differences between the first trial and the retrial.
George Washington law professor and economist Neil H. Buchanan considers gerrymandering, particularly whether there are legal or constitutional limits on how far one party can go to marginalize and potentially destroy the other party. Buchanan explains how gerrymandering works and why it is such a troubling phenomenon in a democracy.
SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.
Cornell University law professor Sherry F. Colb analyzes some of the assumptions implicit in a fur ban, as San Francisco recently implemented, including the view that fur is a luxury while leather is a necessity and the view that wild animals have a right to live while farm animals do not. Colb explains why these distinctions are nonsensical and calls upon proponents of the fur ban to let people know that there is plenty of vegan food in San Francisco and elsewhere, and that no one needs to spend another moment participating in cruelty to animals.
Illinois Law dean and professor Vikram David Amar reflects on the ABA’s process for reaccreditation of American law schools and describes some of the positive and negative aspects of that process. Amar explains that during the reaccreditation site visits, schools have the opportunity to learn from others similarly situated and to showcase their own progress, but there are still some challenges such as consistent application of ABA standards and the attempt to treat of all schools, however different they might be, the same for accreditation purposes.