In this first of a two-part series of columns, University of Florida Levin College of Law professor and economist Neil H. Buchanan responds to the claim that President Trump is helping the U.S. economy. Buchanan argues that beneath the “somewhat good” aggregate numbers, most people in this country are suffering genuine damage, including not having health care insurance and being perpetually on the verge of financial ruin.
Cornell Law 3L Jareb A. Gleckel and professor Sherry F. Colb argue that President Trump’s overarching goal in his presidency is not to benefit the country but to create a legacy for himself, and a wall along the U.S.–Mexico border would be the pinnacle of such a legacy. Gleckel and Colb draw a comparison to Dr. Seuss’s character Yertle the Turtle, who had similar lofty ambitions, and call upon Americans to expose the President’s true motives and thus undercut his malign pursuits.
Cornell University law professor Joseph Margulies considers the contention that President Trump's frequent tweets criticizing the ongoing investigation by Special Counsel Mueller and others are an assault on the "rule of law." Margulies notes that the prevailing view on this rather nebulous concept seems to be that the law must be allowed to operate without criticism from anyone it targets. Not only is this interpretation overly literal and simplistic, Margulies argues, President Trump’s criticism also does not amount to such an assault. The president’s attempts to interfere with the ongoing investigation, his order for Special Counsel Mueller to be fired, and other actions, on the other hand, come far closer to constituting an (attempted) assault on the rule of law.
Cornell University law professor Michael C. Dorf describes some of the key similarities and differences between the most recent iteration of President Trump’s ban on entry to the US by certain foreign nationals (“Travel Ban 3.0”) and earlier versions, and considers whether these differences will affect the determination of the policy’s legality. Although the Supreme Court might not ultimately be the court that answers the question, Dorf points out that we may have an answer before too long.
John W. Dean, former counsel to President Richard Nixon, describes President Trump’s lifelong history of being in fights—with wives, business partners, vendors, tenants, the news media, and countless others. Dean argues that Trump’s fight tactics include lying, cheating, and seeking to intimidate—skills he likely learned from New York City attorney Roy Cohn.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, discusses how missteps by the Trump Administration have offered the American people a refresher in basic concepts of U.S. government. Hamilton breaks down these various civics topics and explains how the actions of Donald Trump and his administration have returned subjects such as checks and balances, constitutional allocation of power, and impeachment to the forefront of minds in the American public.
Cornell University law professor Michael C. Dorf considers whether President Trump’s new executive order on immigration, anticipated to be issued this week, will fare better than Executive Order 13769, which temporarily banned nationals of seven predominantly Muslim countries and all refugees from entering the United States. Dorf discusses Trump’s past public statements advocating for a Muslim ban during his presidential campaign and applies the factors courts may use in evaluating whether those statements can be considered evidence of Trump’s motives for his actions as president, should the constitutionality of his executive order be challenged in court again.
John W. Dean, former counsel to President Richard Nixon, discusses President Trump’s recent comments regarding information leaks, one of which led to the resignation of National Security Advisor Michael Flynn. While Dean explains that there is no official law in the United States that makes it a crime to leak information to the news media or others, many former U.S. presidents have made attempts to prosecute those who leaked information during their presidencies, with varying degrees of success. This, Dean notes, may lend credence to President Trump's threat of legal consequences, should the individuals responsible for these most recent leaks be identified.
George Washington law professor and economist Neil H. Buchanan considers where resistance may arise during Donald Trump’s presidency. Specifically, Buchanan considers the three branches of government and identifies where in each branch resistance to Trump is strongest, as well as where it needs to be augmented.
Cornell University law professor Michael C. Dorf shares some of the lessons he has learned as a vegan animal rights advocate, and explains how they apply to other policy areas. In particular, Dorf argues that in order to build a world in which presidential candidates do not pander to humanity’s basest otherizing instincts, we should aim to persuade our fellow humans of our point of view, not merely to organize to outvote them.
John W. Dean, former counsel to President Nixon, discusses the possible consequences of the many lawsuits involving President-elect Donald Trump on his presidency. Dean explains why Trump’s situation is different from other presidents-elect who carried civil lawsuits with them into the Oval Office—Theodore Roosevelt, Harry Truman, John Kennedy, and Bill Clinton.
Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how Republicans’ victories for president and both houses of Congress impose real accountability on the Republican party to get things done. Hamilton argues that with Republicans controlling these branches, they have no excuse for failing to fully come through on all the changes they have promised, including replacing Obamacare, building a wall on the Mexican border, creating jobs, and cutting taxes.
George Washington law professor and economist Neil H. Buchanan explains why the 2016 election is an opportunity for young voters to have the unusual opportunity to make a difference in their future. Buchanan argues that voting for Hillary Clinton is the only way to exercise that power in a way that gives young people hope for a positive future.
Cornell University law professor Michael C. Dorf explains how under defamation law, Donald Trump may be vulnerable to defamation lawsuits by the women he accused of lying about contact with him, and why, at the same time, any defamation lawsuits he might pursue against those women would be unlikely to succeed.
John W. Dean, former counsel to President Nixon, takes a close look at Donald Trump’s twofold strategy to win the election—Trump’s own electoral map, and his attempts to suppress voters. Dean argues that the only way for Trump to win is to bully his way into the White House, and Dean calls upon Democrats to prevent Trump and his supporters from using physical intimidation to suppress the vote.
Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, discusses the connection between an educated society and a successful, effective representative democracy. Hamilton argues that a significant reason that uneducated voters are more likely to vote for Donald Trump than educated voters are highlights this country’s failure to ensure that every student is adequately educated, particularly with respect to government.
Illinois Law dean Vikram David Amar and California civil litigation attorney Michael Schaps address two common misconceptions about the relationship between criminal law and politics that recently arose in the presidential race. Amar and Schaps explain first why the presumption of innocence does not apply to politics, and second, why the president actually does have the power to order prosecutions.
Cornell University law professor Joseph Margulies compares and contrasts Donald Trump’s call for Hillary Clinton’s imprisonment and the same call against George W. Bush. Although he disagrees with both attempts to seek prosecution, Margulies argues that the call for Clinton’s imprisonment is at best akin to a lynch mob, whereas at least the desire to have Bush prosecuted reflects a good-faith attempt to use the law to punish war crimes.
John W. Dean, former counsel to President Nixon, comments on Donald Trump’s recent calls for the imprisonment of Hillary Clinton. Dean points out that jailing political opponents is a tactic of dictators, not democracies.
SMU Dedman School of Law professor Joanna L. Grossman and University of Pittsburgh law professor Deborah L. Brake analyze the infamous video of Donald Trump boasting about what he can do to women, as well as the response of the Trump campaign. Grossman and Brake argue that Trump’s words in the video, and his non-apology following its release, epitomize the formula that creates rape-prone culture: deny harm, deflect responsibility, and normalize what happened.
