Tag Archives: Legal
This Holiday Weekend, Try Not to Be Penn State

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, points out that for many victims of child sexual abuse, the holiday season is a time of torture of revisiting painful memories, rather than joy. Hamilton calls upon us to address the problem of child sex abuse directly by changing the laws, teaching the adults, reforming the institutions, and supporting the victims.

When is Self-Abortion Murder? Lessons of a Tragedy

Cornell University law professor Sherry F. Colb comments on a recent situation in which a Tennessee woman was charged with attempted murder for trying unsuccessfully to terminate her pregnancy with a coat hanger at 24 weeks. Colb explains why attempted murder doesn’t seem to be an appropriate charge in this situation, and she explains the role that policies put forth abortion opponents might have played in forcing the woman to attempt an abortion in this manner.

Ohio’s Six-Week Abortion Ban Bill and the Future of Roe v. Wade

Cornell University law professor Michael C. Dorf explains why a group of legislators in Ohio recently voted to adopt a law that prohibits abortion of any fetus with a “detectable heartbeat”—around six weeks after conception—in clear violation of the U.S. Supreme Court’s 1973 holding in Roe v. Wade. Dorf describes what a “Trump Court” might do (and what it might not do) with respect to this Ohio law and others like it.

The Ties that Bind: Legal Limits on Disavowals of Paternity

SMU Dedman School of Law professor Joanna L. Grossman comments on a case in which an Indiana man unsuccessfully sought to disavow paternity of a child born to his wife. Grossman provides a brief explanation of the history of paternity laws and their growing as American families become more diverse.

How the Conservative Religious Coalition Won the 2016 Election— Part I: Education

In this first of a three-part series of columns, Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains the U.S. Supreme Court jurisprudence that allowed a conservative religious coalition to implant itself in the American public education system. Hamilton argues that the coup de grâce of this movement is Donald Trump’s appointment of Betsy DeVos to Education Secretary, signaling a focus on ideology over the best interests of children.

California’s Defeated Condom Initiative and the First Amendment

Cornell University professor Sherry F. Colb discusses California’s Proposition 60, a ballot initiative that recently failed in that state that would have required male actors in pornographic movies to wear condoms during performances. Colb considers both a First Amendment challenge to the ballot initiative, as well as a possible response to that challenge, and she argues the law would likely pass muster under the First Amendment.

Why—and How—President-Elect Trump’s Conflicts of Interest Matter

Cornell University law professor Michael C. Dorf explains why President-elect Donald Trump’s conflicts of interests are problematic for the country. Dorf argues that the primary risk is that a Trump administration will pursue policies that further Trump’s business interests at the expense of the national interest. Dorf also points out two other risks posed by Trump’s conflicts of interest: the possibility of unjust enrichment and the cultural shift that corruption at the top could catalyze.

Friends with Benefits: Texas Man Who Donated Sperm to a Friend Has Parental Rights

SMU Dedman School of Law professor Joanna L. Grossman describes a recent decision by a Texas appellate court applying that state’s parentage laws to a situation involving a man who donated his sperm so his friend could become pregnant. Grossman notes that while resolution of the “donor versus dad” question differs from state to state depending on the particular laws that apply, the facts of this case proved straightforward given the language of the Texas statute at issue.

Labeling Moderate Muslims As Anti-Muslim Extremists

Chapman University, Fowler School of Law, professor Ronald D. Rotunda discusses the controversial designation of Maajid Nawaz, a practicing Muslim, and Ayaan Hirsi Ali, a Somali-born former Muslim, as “hateful extremists” by the Southern Poverty Law Center (SPLC). Rotunda argues that SPLC should reconsider its criteria for labeling someone an extremist, and he points out ways in which SPLC’s labeling system is inconsistent and misguided.

Fixing the Problem of “Faithless” Electors

Illinois Law dean and professor Vikram David Amar proposes a solution to the problem of the “faithless” elector—a person who pledges to vote in a particular way but then who wants to cast his or her electoral college vote in a different direction. Amar provides specific language that states could implement as law to address these rogue individuals whose actions could alter a presidential election result.

Raise the Rainbow Flag: Federal Court Rules that Title VII Bans Sexual Orientation Discrimination

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a federal district court in Pennsylvania holding that Title VII bans sexual orientation discrimination. Grossman describes the gradual recognition of sexual orientation discrimination as a cognizable injury under Title VII and praises the court for coming to the correct conclusion.

Constitutional Lessons From Comey’s Unwise “October Surprise” Decision to Comment on Clinton Investigation Yet Again

Illinois law dean and law professor Vikram David Amar describes three takeaway lessons from FBI Director James Comey’s decision to comment on the ongoing Clinton email investigation a second time. Amar argues that (1) with respect to investigators, sometimes less formal independence means more latitude to act out, (2) the FBI director should not operate outside of DOJ bounds, and (3) the DOJ policy of not commenting on ongoing investigations arises from the Constitution.

Trump Won’t Win a Defamation Suit as a Plaintiff, But He Could Lose as a Defendant

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.

Clear Thinking About the Ferguson Effect

Cornell University law professor Joseph Margulies discusses the so-called “Ferguson Effect,” a hypothesis that increased public scrutiny of police violence correlates to higher rates of violent crime. Margulies argues that even if the Ferguson Effect is real—which he does not concede—the alternative of Zero Tolerance and other similar policies wreak havoc on poor communities of color. Margulies makes the case for communities having their own say in how they are policed.

The Ripples After the Splash: Parentage Law Takes Shape After Obergefell v. Hodges

SMU Dedman School of Law professor Joanna L. Grossman comments on some of the parentage cases that have arisen since the U.S. Supreme Court decided in Obergefell v. Hodges that same-sex couples have a constitutional right to marry. Grossman describes the patchwork of cases that generally trend toward greater recognition of same-sex co-parents.

The Supreme Court Considers Whether to Pierce Jury Secrecy for Evidence of Racial Bias

Cornell University law professor Sherry F. Colb considers the arguments on both sides of a difficult question currently before the Supreme Court—whether a defendant is entitled to use juror testimony to impeach a verdict based on racial bias, notwithstanding a contrary rule of evidence. Colb describes the facts leading up to the case and discusses the jurisprudence that will most likely affect the justices’ ultimate decision.

The Fury of the Mob: Comparing the Calls to Prosecute Clinton and Bush

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.

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 the University of... 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 Dwight D. Opperman Professor of Law and Director of the Center of Labor and... 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