Cornell law professor Joseph Margulies points out that in the face of the present COVID-19 pandemic, there seems to be general consensus nationwide that the federal government should intervene to mitigate the economic damage, even among those who very recently believed that social problems are better solved by the private sector than by the government. Margulies asks whether this new perspective will also evoke compassion. He points out that, given the expected duration of the fight against the novel coronavirus, $2,500 is not nearly sufficient for a struggling family of four who can no longer work. What will we do for the tens of millions of Americans facing disaster?

Illinois Law dean Vikram David Amar and Schiff Hardin writing coach Julie S. Schrager explain the importance of incorporating “soft skills”—rooted in emotional intelligence and viewing your writing from your reader’s perspective—into legal writing. Amar and Schrager offer four key tips to help legal writers, whether first-year law students or seasoned attorneys, become more effective communicators.

UF Levin College of Law professor and economist Neil H. Buchanan considers whether (and how) President Trump or his supporters in Congress could cancel the 2020 elections, citing public safety as a result of the COVID-19 pandemic. Buchanan points out that because states control the procedures for the election, Trump would need Republican governors of certain blue states to shut down their state’s elections—something Buchanan stops short of saying is likely or unlikely.

Marci A. Hamilton, a professor at the University of Pennsylvania and one of the country’s leading church-state scholars, describes some of the lessons the novel coronavirus pandemic can teach us about religious liberty. Hamilton points out that COVID-19 is nondenominational and nonpartisan, yet we are already seeing some groups claim to be exempt from the public-health prohibitions on large gatherings, on the basis of their religious beliefs.

GW Law professors Ira C. Lupu and Robert W. Tuttle explain why the path the U.S. Supreme Court might be about to take in ministerial exception cases—relying on the Free Exercise Clause of the First Amendment—is dangerously misguided. Lupu and Tuttle argue that the ministerial exception rests primarily on the Establishment Clause and is strictly limited to employment decisions about who leads or controls a faith community, or who transmits a faith.

In light of a case currently on the U.S. Supreme Court’s docket for this term, UNLV Boyd School of Law professor Leslie C. Griffin explains the importance of requiring employers and others to obey generally applicable laws not targeting specific religious practices—the result of the Court’s holding in Employment Division v. Smith. Griffin argues that it is hard to imagine a peaceful United States if organizations had a constitutional or statutory right to discriminate against all types of people.

UF Levin College of Law professor and economist Neil H. Buchanan continues his discussion considering the future of the rule of law in the United States. Buchanan argues that even assuming a “long arc of American political history,” knowing that eventually, another group of heroes might rise is comforting only in a vague sense.

Cornell law professor Michael C. Dorf implores the President or Congress to act swiftly and drastically to address the COVID-19 pandemic: lock down the nation and suspend habeas corpus. Dorf explains why this extreme measure is both appropriate and necessary in a situation such as this one.

NYU law professor Samuel Estreicher and JD candidate George Bogden, PhD, comment on a recent filing by the Prosecutor of the International Criminal Court (ICC) asking the court to exercise jurisdiction and grant permission to pursue an investigation of alleged war crimes in the West Bank and the Gaza Strip. Estreicher and Bogden argue that because Israel is not a state party to the action and Palestine is not a state recognized by international law, the ICC lacks territorial jurisdiction under the Rome Statute.

Cornell law professor Michael C. Dorf observes that the unfolding catastrophe of COVID-19, the now-pandemic caused by a novel coronavirus, will require all of us—whatever our politics, religion, race, ethnicity, sex, sexual orientation, gender identity, and age—to come together and unite to defeat it. Dorf builds upon insights by Verdict columnist and University of Florida Law professor Neil Buchanan that generational justice is the wrong lens through which to view questions about funding Social Security because the real distributional problems in our society exist in the here in now and require people to work together, not at cross-purposes.

Illinois Law dean and professor Vikram David Amar explains why a local government cannot constitutionally create policy discriminating against entities that do business with the feds. Specifically, Amar discusses a situation in which the city of Farland, California, is trying to prevent a privately operated state prison facility located in that city from contracting with Immigration and Customs Enforcement (ICE).

Cornell law professor Sherry F. Colb argues that while consent is an important and necessary condition of many activities in which adults engage, it does not necessarily follow that consent is a sufficient condition as well. Colb describes some circumstances in which the apparent consent of the parties does not make the result desirable or good.

Touro law professor Jeffrey B. Morris reflects on the impressive career of the Honorable Jack B. Weinstein, who recently announced his retirement from the U.S. District Court for the Eastern District of New York at the age of 98. Morris praises Judge Weinstein for his skill and humanity as a jurist, pointing out the many ways his opinions, articles, and speeches reflect his belief that “aiding the weak and suffering is the primary duty and soul of American law.”

BU Law emerita professor Tamar Frankel explains the law of preemption as it pertains to broker-dealers and their investor clients. She predicts, among other things, that either the clients will demand that broker-dealers adhere to a fiduciary duty, or else that states will impose that duty on them.

UF Levin College of Law professor Neil H. Buchanan continues his series of columns attempting to find optimism in what he describes as “post-constitutional life in America.” In this installment, Buchanan notes that President Trump’s reactions to COVID-19 are a reason for optimism because they reflect a fear that a pandemic (and market responses to a pandemic) could threaten his hold on the White House.

Illinois Law dean and professor Vikram David Amar comments on a recent decision by the U.S. Court of Appeals for the Second Circuit regarding so-called “sanctuary” jurisdictions. Amar argues that while the Second Circuit may have arrived at the correct conclusion of law, it also misunderstood the Supreme Court’s decision in NFIB v. Sebelius, in which the Court struck down the “Medicare expansion” provision of the Affordable Care Act as unconstitutionally coercive. Amar points out that in Sebelius, the Court found the fact that the Medicare expansion provision of the ACA vitiated the terms of a preexisting deal was sufficient to hold that provision coercive.

Rodger Citron, Associate Dean for Research & Scholarship and Professor of Law at Touro Law, comments on a case in which the U.S. Supreme Court will hear argument this week that presents the question whether an independent agency with a single director who can be removed only “for cause” violates the separation of powers principle enshrined in the Constitution. Citron notes that the decision to hear the case is unusual in that there is no conflict among the federal appeals courts, but he points out that that the government’s support of the cert. petition and then-Judge Brett Kavanaugh’s dissent on the issue when it came before the D.C. Circuit likely helped the present case come before the Court.

Cornell law professor Michael C. Dorf comments on last week’s decision by the U.S. Court of Appeals for the D.C. Circuit holding that federal courts could not enforce a congressional subpoena to former White House Counsel Don McGahn because federal courts cannot adjudicate interbranch disputes. Dorf describes some of the major flaws in the court’s reasoning and explains why the ruling is a clear victory for Donald Trump and a loss for the constitutional system.

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.