Tag Archives: Alabama

What’s Missing in the Alabama Human Life Protection Act?

Cornell law professor Sherry F. Colb describes some ideological inconsistencies with the abortion law recently passed in Alabama, which prohibits all abortions except those necessary to protect against a serious health risk to the pregnant woman. Colb points out if an embryo or fetus and the woman carrying it are equally entitled to exist, then the exception for the serious health risk to the woman is inconsistent with that perceived equality. Colb also argues that the decision of Alabama lawmakers to penalize the abortion provider but not the abortion seeker similarly requires accepting on some level that a woman and her embryo or fetus are not co-equal occupants, which is inconsistent with the pro-life vision behind Alabama’s law.

What the Alabama Confederate Memorial Case Says About Modern Constitutional Doctrine

Illinois law dean and professor Vikram David Amar explains why a recent decision by an Alabama trial court was constitutionally misguided while also illustrating some of the prominent and problematic features of modern First Amendment and federalism doctrines. Amar describes the reasoning behind the ruling, points out the flaws in the analysis, and then offers two takeaway points that we might learn from the opinion.

Does the Constitution Permit a State to Abolish Marriage?

Cornell University law professor Michael C. Dorf considers whether, in protest of the Supreme Court’s recognition of the constitutional right to same-sex marriage, states can “get out of the marriage business” altogether. Dorf explains that abolishing marriage for everyone likely poses no equal protection issues, and points out some interesting and unique characteristics about marriage as a fundamental right.

A Dozen (or so) Thoughts on Senate Expulsion (With Special Reference to the Roy Moore Affair)

Illinois Law dean and professor Vikram David Amar offers some thoughts on the divisive ongoing conversation about the possibility of the Senate voting to expel Senate candidate Roy Moore from Alabama, if he should win next month’s special election. Amar looks at the history of the practice of Senate expulsion, as well as some of the uncertainties that surround it.

Got Milk? Eleventh Circuit Holds That Discrimination Because of Employee’s Breastfeeding is Unlawful Discrimination

SMU Dedman School of Law professor Joanna Grossman comments on a recent decision in which the US Court of Appeals for the Eleventh Circuit recognized that discrimination because of an employee’s breastfeeding constitutes illegal pregnancy discrimination. Grossman explains the facts leading up to the case and explains why the court found that the employer, the Tuscaloosa Police Department, had violated the employee’s rights under the Pregnancy Discrimination Act of 1978 and the Family and Medical Leave Act.

The Children Be Damned . . .

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, describes the numerous child-endangering bills that are being proposed in various states across the nation. Hamilton argues that we as a society need to create a culture that works for the best interest of all children.

Meet our Columnists

Vikram David Amar
Vikram David Amar

Vikram David Amar is the Dean and Iwan Foundation Professor of Law at the University of Illinois... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, holds the James J. Freeland Eminent Scholar... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is the C.S. Wong Professor of Law at Cornell University. Colb teaches courses in... 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

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

MARCI A. HAMILTON is the Robert A. Fox Leadership Program Professor of Practice, and Fox Family... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Law and Government at Cornell University. He was Counsel of... more

Anita Ramasastry
Anita Ramasastry

Anita Ramasastry is the UW Law Foundation Professor of Law at the University of Washington School... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more