Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains the role of Labor Secretary Alexander Acosta in allowing multi-millionaire Jeffrey Epstein to plead guilty to a mere 13-month sentence despite evidence he had abused dozens of girls in his home in Palm Beach. Hamilton argues that Acosta should not be in any position of power, but particularly not one such as Labor Secretary, where the welfare of children or trafficking victims is at stake.
Cornell law professor Sherry F. Colb explains how a better understanding of consent in a police interrogation context can inform our understanding of consent in a sexual context. Colb argues that the solution to both is to educate everyone more effectively about what will and will not successfully make things (the interrogation or the sexual activity) stop.
GW law professor and economist Neil H. Buchanan continues his series of columns considering how much damage the US Supreme Court will inflict after Justice Anthony Kennedy’s retirement. Drawing upon the nation’s experience with a conservative Court during the Lochner era, Buchanan predicts that one of the most consequential results of Republicans’ theft of a Supreme Court seat could be to seriously undermine one or more of Social Security, Medicare, and Medicaid.
Cornell law professor Michael C. Dorf considers the legality of President Donald Trump’s firing of US Attorney General Jeff Sessions and designating Matthew Whitaker as Acting Attorney General. Dorf points out that while the Constitution does not expressly address acting officers, Trump’s actions certainly violate the spirit of the law and the Constitution.
Cornell law professor Joseph Margulies explains the difference between preferences and norms and argues that when social norms and personal preferences conflict, the norm must win. Margulies laments that President Donald Trump misunderstands the elemental distinction between social norms and personal preferences and accepts the norm as legitimate only to the extent it coincides with his personal views.
Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, comments on Pope Francis’s call for the Catholic bishops to Rome to discuss the clergy sex abuse crisis. Hamilton points out that a similar meeting was called in 2002 after the Boston Globe’s report on sex abuse in the Boston Archdiocese, yet the changes needed in in the Catholic Church in 2002 are still outstanding today in 2018.
Cornell law professor Sherry F. Colb explains what #BelieveWomen means—that society should stop being presumptively skeptical of women who report sexual misconduct—as well as what the movement does not mean. Colb points out that to believe women does not mean to criminally convict the accused and bypass constitutional safeguards; rather, it means to treat their testimony the same as society and the law treat all other testimony—as presumptively credible. Colb argues that if we make systemic changes to the way we treat women reporting sexual misconduct, starting with initial contact with the police, these changes could translate into more widespread reforms in the courtroom and prosecution of sexual offenders.
GW law professor and economist Neil H. Buchanan describes the immediate consequences that should persuade all voters, but particularly young voters, to vote in this year’s midterm election. Buchanan points out that the short-term consequences of Republican victories this week will mean the likely shutdown the special counsel’s investigation of Trump’s 2016 campaign, continued vilification of the FBI and intelligence services, environmental ruin, increasing economic inequality, and more.
Illinois law dean Vikram David Amar and professor Jason Mazzone continue their commentary on California’s mandate that women be placed on corporate boards. In this third of a series of columns on the topic, Amar and Mazzone consider whether SB 826 violates the Commerce Clause and whether there are constitutional issues with the state’s use of the law merely to make a political statement.
Cornell law professor Michael C. Dorf comments on the announcement that retired Supreme Court Justice Sandra Day O’Connor would be withdrawing from public life and explains how, ironically, the exit of President Ronald Reagan’s Supreme Court nominees is giving rise to what could be called the Reagan Court. Dorf describes Reagan’s successes and failures with respect to shaping the Court and explains why only now, with its present composition, the Court may actually be poised to further Reagan’s agenda.
In the wake of the tragedy in Pittsburg, which in some ways mirrors the 2015 terrorist attacks in Paris, Cornell law professor Joseph Margulies draws upon his experience representing Abu Zubaydah—the first person held in the CIA "enhanced interrogation program"—to provide an answer the question of how one can represent someone so many people hate. Margulies argues that the advocate’s highest calling is to insist upon humanity even when society is most determined to deny it.
Cornell law professor Sherry F. Colb comments on a wiki document allegedly started by a group of students at the University of Washington last year that allows people to make anonymous accusations of rape or sexual abuse by posting the names of alleged assailants. Colb explains the reasons behind the list, as well as the problems the list poses, and concludes that while the list is not perfect, it may be the only form of justice available to victims under a system that fails to prosecute and convict acquaintance rapists in earnest.
Guest columnists Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, and Sezgi G. Fuechec, a foreign-trained transactional lawyer with an LL.M. degree in banking and financial law, discuss the trend of employee representation in corporate boards. Frankel and Fuechec point out that while idea of employee representation in the board level is not novel, it is an important development that more corporations should embrace now, rather than waiting until there is a significant conflict between employees, management, and financiers.
GW Law professor and economist Neil H. Buchanan describes why President Trump’s recent attacks on the nation’s independent central bank, the Federal Reserve, is dangerous and worrisome. Buchanan explains the reason the Fed is independent of politics and highlights the importance of its continued existence and independence, regardless of who is in the White House.
Cornell law professor Michael C. Dorf debunks President Trump’s claim that he has kept his campaign promise to “protect coverage for patients with pre-existing conditions.” Dorf provides three primary reasons that the claim is dishonest: the administration’s position in a pending lawsuit; the GOP’s proposed alternative, which does not require insurance companies to offer policies that actually cover pre-existing conditions, and the claim that Democratic support of Medicare for All is “radical socialism.”
Dean Falvy, a lecturer at the University of Washington School of Law, critiques Alan Dershowitz’s The Case Against Impeaching Trump, finding that the book is essentially a defense brief for President Trump that largely lacks meaningful legal analysis. Falvy argues that the book won’t persuade any legal scholars, but if at least 34 members of the GOP Senate caucus buy Dershowitz’s argument, Trump will likely not be forced from office.
Cornell law professor Sherry F. Colb argues that some people's belief in the trivial nature of sexual assault may go hand in hand with the belief that it never happened. Colb examines the relationship between denial and devaluation in other contexts, as well as in the context of gender oppression, and finds consistency in the thinking of people who hate or otherwise persecute others.
GW Law professor and economist Neil H. Buchanan explains why Brett Kavanaugh’s defiant responses to questioning by senators about his conduct while drinking ignore common knowledge about the effects of alcohol and illustrate the toxic combination of drinking culture and young men who think their actions have no consequences.
Cornell law professor Michael C. Dorf anticipates the possible next steps in the federal government’s lawsuit against California over the state’s new law mandating net neutrality. Dorf explains why, if conservative scholars and Supreme Court justices succeed in what seems to be their goal of weakening federal regulatory agencies, that could ironically be a boon to net neutrality and to government regulation more broadly.
Cornell law professor Joseph Margulies argues that the current approach to community well-being will not save the American city. Rather, Margulies points out that communities must remove wealth from individual ownership and place it in the shared hands of the community.