Cornell University law professor Michael C. Dorf comments on the widely accepted phenomenon in United States elections known as the “pivot,” whereby candidates in both parties change positions between the primary and general elections to appeal to the voters in those particular elections. Dorf explains why candidates commonly pivot, and why general acceptance of this practice should be troubling.
Cornell University law professor Joseph Margulies responds to two of the most common criticisms of the trial and sentencing of former Stanford undergrad Brock Turner, who was convicted of sexually assaulting an unconscious woman. Margulies explains why a change to California law imposing a mandatory minimum sentence for this crime actually does not address these criticisms, and in fact exacerbates one of them.
Former counsel to President Nixon, John W. Dean argues that comparisons between former Virginia Governor Robert McDonnell and Democratic presidential candidate Hillary Clinton are inapt. Dean points out several ways in which Hillary’s behavior did not rise even to the level of that of McDonnell, and the U.S. Supreme Court found that even the latter did not support conviction.
Marci Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, denounces the involvement of the federal government in local land use issues through the Religious Land Use and Institutionalized Persons Act (RLUIPA). Hamilton argues that RLUIPA incorrectly treats neutral, generally applicable land use decisions identically with discriminatory land use decisions.

Attorney and editor at Justia, Sarah Andropoulos comments on a recent decision by a panel of the U.S. Court of Appeals for the Seventh Circuit criticizing but affirming courts’ exclusion of sexual orientation discrimination from protection under Title VII. As Andropoulos explains, the panel’s reasoning is somewhat convoluted, and its conclusion does not seem to follow from its logic.
Cornell University law professor Sherry F. Colb considers whether the termination of Zika pregnancies might affect our thinking about abortion. Specifically, Colb asks (1) whether it is right to end a pregnancy because the baby would be severely disabled if brought to term, and (2) whether it is right at all to take the life of a fetus late in pregnancy, given that birth defects caused by Zika are not detectable by ultrasound until late in pregnancy.
SMU Dedman School of Law Professor Joanna Grossman comments on a recent decision by the Illinois Supreme Court reaffirming a decades-old decision by the same court that seemed obsolete even at the time. Grossman argues that the recent decision unfairly withholds protections from nonmarital families and does not actually serve the purported public policy purpose of favoring marriage.
Chapman University, Fowler School of Law, professor Ronald D. Rotunda comments on the American Bar Association’s assertion of copyright to its Model Rules of Professional Conduct and argues that the association should review its consent decree. As Rotunda argues, the ABA’s fees are at best arbitrary and should not determine (as they presently do) the fees required for reprinting the Model Rules.
George Washington law professor and economist Neil H. Buchanan comments on Donald Trump’s inclusion of Brexit provocateur Nigel Farage as a speaker at a rally in Mississippi. Buchanan argues that the presence of such an openly anti-immigrant, whites-first agitator alongside Trump can mean only one thing about Trump’s own campaign for president.
Guest columnist Joseph A. Sullivan, special counsel and director of pro bono programs at Pepper Hamilton LLP, responds to Verdict columnist Ronald Rotunda with respect to his opinion on mandatory pro bono for lawyers. Sullivan argues that even if such a requirement to practice law is akin to a tax, as Rotunda posits, it is a just tax, exchanged for the privilege of lawyers to practice law to the exclusion of non-lawyers.
University of Illinois dean and law professor Vikram David Amar responds to a law review article by University of Illinois law professor Al Alschuler criticizing the Seventh Circuit, and specifically judge Frank Easterbrook, for what Alschuler views as judicial wrongdoing. Rather than comment on the validity of Professor Alschuler’s allegations, Amar argues that Alschuler’s article highlights the need for greater attention to be paid to the integrity and validity of U.S. courts of appeals.
Cornell University law professor Michael C. Dorf explains why both major and minor parties would benefit from changing to an instant runoff voting system. As Dorf explains, such a system would allow people to vote for their first-choice candidate (including third parties) without the risk of incidentally aiding their last-choice candidate.
Cornell University law professor Joseph Margulies argues that anyone who calls for violence—whether from the Right or the Left—must take responsibility for the violence that inevitably, even if unintentionally, results.
John W. Dean, former counsel to President Nixon, discusses the charges of perjury and false statements brought against Hillary Clinton by congressional Republicans led by Bob Goodlatte and Jason Chaffetz. Dean closely scrutinizes the facts underlying the charges and concludes that the charges are utterly baseless and manifest an abuse of power beyond the pale of dirty politics.
A Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, Marci Hamilton comments on disclosure requirement and the non-discrimination component of California SB-1146. Hamilton argues that religious entities continue to demand the freedom to discriminate and harass, while insisting on calling it “religious liberty.”
In light of a recent decision by the Oregon Supreme Court, Cornell University law professor Sherry F. Colb considers whether taking blood from a dog constitutes a search of the dog’s owner for Fourth Amendment purposes. Colb identifies good and bad features of the court’s opinion and expresses what, in her view, would have been the ideal resolution of the case.
SMU Dedman School of Law Professor Joanna Grossman discusses a recently enacted Massachusetts law addressing the gender wage gap. Grossman describes the history of pay inequality in the United States and the slow progress in narrowing that gap.
Ronald Rotunda, law professor at Chapman University, Fowler School of Law, comments on the latest developments in the criminal proceedings against Sholom Rubashkin—specifically the revelation that federal prosecutors introduced false testimony in pursuit of conviction. Rotunda provides background on the case and describes the misconduct of the prosecution in handling the case.
University of Illinois dean and law professor Vikram David Amar comments on a recent case that highlights the challenging nature of California’s attempt to protect free speech through its anti-SLAPP statute. Amar describes the background of the case as well as the larger problems that arise when applying the Anti-SLAPP law to discrimination and harassment lawsuits.
George Washington law professor and economist Neil H. Buchanan evaluates Donald Trump’s economic proposal, finding it at best a regurgitation of Republican economic orthodoxy. Buchanan explains why Trump’s proposal is essentially trickle-down economics, which would simply worsen economic inequality and do nothing to improve the economy.