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.

Who’s Afraid of the Surveillance State?

Cornell professor Joseph Margulies delves into the paradoxical attitudes society holds towards surveillance: while people criticize the invasion of privacy by the surveillance state, they also endorse and benefit from its capabilities, particularly when it serves a purpose they support. This conundrum is further complicated by the blurred lines between state and private surveillance, the use of publicly available data by companies, and the desire to hold the state accountable through the very means of surveillance.

Doubts About Mitch McConnell’s Health Implicate Important Questions Under the Seventeenth Amendment

In light of recent questions regarding the health of U.S. Senate minority leader Mitch McConnell (R-KY), UC Davis law professor Vikram David Amar examines Kentucky’s 2021 statute on filling Senate vacancies, which restricts the governor’s appointment power by requiring a choice from a list provided by the departing senator’s political party. Professor Amar expresses doubt about the law’s constitutionality in light of the Seventeenth Amendment and the historical intent to reduce political party influence in Senate appointments.

Cluster Mine Transfer: Cluster F*ck the Cluster Mine Norm? Part IV

In this fourth in a series of columns, Illinois Law professor Lesley M. Wexler explains how the U.S., Ukraine, and Cluster Mine Ban Treaty parties can reinforce norms against cluster munitions use and enhance civilian protections, given the controversial decision of the Biden administration to supply Ukraine with these munitions. Professor Wexler argues that the U.S. and Ukraine should take several steps to bolster their public commitments to keeping civilians safe from cluster munitions including: both joining the Cluster Mine Ban Treaty or negotiating international restriction on high dud rates under the Convention on Certain Conventional Weapons; Ukraine operationalizing its assurances about use, conducting investigations into past unlawful use, and implementing Civilian Casualty Tracking Analysis and Response cells; and the U.S. monitoring and reporting on Ukraine’s compliance, tightening restrictions on the munitions use, and ceasing transferring cluster munitions once conventional artillery becomes more widely available.

Donald Trump, Robert Bowers, and the Criminal Law

Cornell professor Joseph Margulies reflects on two recent high-profile legal events: the indictment of Donald Trump for allegedly subverting democracy and the death sentencing of Robert Bowers for the deadliest antisemitic attack in U.S. history. Professor Margulies suggests that these cases, viewed by many as a triumph for the rule of law, represent societal attempts to protect integral aspects of American identity, with their punishment seen as purging threats to this identity. However, Professor Margulies argues that the law should not be weaponized to decide who belongs in society, as it usurps an authority that rightfully belongs to the people.

Why I Want My Students to Read Trump’s Latest Indictment

Amherst professor Austin Sarat highlights the potential of Special Counsel Jack Smith’s indictment of former President Donald Trump as a teaching resource in civics education, particularly in understanding the intersection of free speech, political lies, and democracy. Professor Sarat argues that the indictment can help clarify First Amendment rights concerning false statements, explain the importance of federalism in the U.S. electoral system, and illustrate the roles of “moral rebels” who stood against potential autocratic behavior, thereby offering crucial insights into America’s political culture and constitutional system.

Some (Very) Preliminary Musings on the Loper Bright Case Next Term Involving the So-Called Chevron Deference Doctrine

UC Davis Law professor Vikram David Amar comments on the Loper Bright case the U.S. Supreme Court will be hearing next term, which provides the opportunity for the Court to revisit (and potentially eliminate) the Chevron deference doctrine. Professor Amar points out and analyzes some of the constitutional issues raised by the doctrine.

The Department of Justice Cannot Cure What Ails Memphis

Cornell professor Joseph Margulies comments on the U.S. Department of Justice’s investigation into the City of Memphis and its police department following the fatal beating of Tyre Nichols, which exposed a culture of violence and indifference within the department. While Professor Margulies welcomes this investigation as a step in the right direction, he argues that the Department of Justice lacks the tools and authority to address systemic issues related to policing and public safety in Memphis; ultimately, the solution must come from local initiatives and collaboration within the community.

Why Didn’t the U.S. Bomb Kyoto?

UNLV Boyd School of Law professor Leslie C. Griffin explores the nuanced and multifaceted influences behind the U.S. decision to bomb Hiroshima and Nagasaki instead of Kyoto during World War II. Drawing upon the speculated influence of Secretary of War Henry Stimson’s personal connection to Kyoto and weather conditions affecting bombing success, Professor Griffin emphasizes the complex interplay between personal morality, strategic considerations, and even uncontrollable factors like the weather in shaping historical outcomes.

The Real Problems with Florida Teaching About the “Benefits” of Slavery

Cornell Law professor Michael C. Dorf criticizes Florida’s new middle school social studies education standards, which suggest that enslaved people benefited from slavery in some instances by learning skills such as carpentry or blacksmithing that they could later use for personal benefit. Professor Dorf argues that this perspective dangerously minimizes the horrors of slavery, and could be a calculated move by political figures like Governor Ron DeSantis to leverage culture war issues, distort historical truths, and consolidate power.

Louisiana Governor John Bel Edwards Says He is a Death Penalty Opponent. Now He Has a Chance to Prove It

Amherst professor Austin Sarat comments on an announcement last March by Louisiana Governor John Bel Edwards that he opposed capital punishment and points out that now Governor Edwards has the opportunity to prove his opposition. Professor Sarat argues that Governor Edwards should use his authority to order the Board of Pardons to hold hearings on the death row clemency petitions and review them on their merits to turn his abolitionist rhetoric into action.

A State Divided Against Itself: The Implausible “New Illinois” Idea

UC Davis Law professor Vikram David Amar explains why the “New Illinois” idea—which suggests separating the urbanized Chicago area from the rest of the state—is legally and politically implausible. Professor Amar points out two unanswered constitutional questions and the daunting political hurdles that make the “New Illinois” idea unlikely to ever be more than an idea.

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