The Fifth Circuit Joins the Growing Line of Courts Rejecting RFRA Arguments Against the Affordable Care Act’s Contraceptive Accommodation for Religious Nonprofit Employers

Cardozo law professor Marci Hamilton comments on a recent decision by the U.S. Court of Appeals for the Fifth Circuit holding that RFRA does not immunize religious nonprofits from the requirement under the Affordable Care Act that they notify the government of their beliefs in order to be exempt from paying for their employees’ contraception.

Current Retirees Should Not Be the Last to Enjoy a Middle-Class Retirement

George Washington law professor and economist Neil Buchanan shares some good news about the living standards of recent retirees and argues that this news should serve as a reminder that there is a way to allow large numbers of people to go through their working lives, and then to live modest, comfortable retirements.

Last Gasps: Texas Tries to Stop Court From Granting Same-Sex Divorce

With the U.S. Supreme Court’s same-sex marriage decision looming, Hofstra University law professor Joanna Grossman discusses a recent decision by the Supreme Court of Texas holding that state officials do not have the right to intervene in a same-sex divorce case in that state.

Disciplining Lawyers Who Engage in Moral Turpitude

Chapman University law professor Ronald Rotunda describes the apparent confusion in many jurisdictions over the phrase “moral turpitude” with respect to whether and when attorneys are subject to discipline. Rotunda points out that while many states have adopted the model rules (which, in their current form reject the prohibition against “illegal conduct involving moral turpitude”), these states’ courts still rely on the vague standard when applying the rules.

Some Preliminary Thoughts on the Lawsuits and Protests by Asian Groups and Individuals Alleging Unfair Treatment by College Admissions Offices

UC Davis law professor Vikram David Amar addresses some initial criticism of discrimination lawsuits filed by Asian groups and individuals against Harvard and the University of North Carolina for alleged unfair treatment in admissions. Without predicting where the litigations will ultimately lead, Amar identifies and debunks three flawed arguments against the lawsuits.

Immigration Case Exposes 800-Year-Old Rift on Supreme Court

Cornell University law professor Michael Dorf discusses the U.S. Supreme Court’s decision, released earlier this week, in Kerry v. Din, in which the Court rejected a claim that a U.S. citizen was entitled to a detailed explanation of why the government would not allow her husband a visa to enter the country.

The Shrinking Fourth Amendment: Heien v. North Carolina

Cornell University law professor Sherry Colb discusses the potential downsides of the U.S. Supreme Court’s holding earlier this year in Heien v. North Carolina, in which the Court held that a police officer could, consistent with the Fourth Amendment right against unreasonable seizures, stop a driver for a behavior that the officer mistakenly but reasonably believes is illegal.

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