Hofstra University law professor Joanna Grossman discusses a case in which the Nebraska Supreme Court held a five-year-old boy should keep his original surname despite petitions by each of his unmarried parents to change it. Grossman describes how the case reflects the many tensions over child naming aggravated by unwed parenting, divorce, and remarriage.
UC Davis law professor Vikram David Amar discusses a case the U.S. Supreme Court will decide this Term regarding the so-called nondelegation doctrine. Amar argues that the Court should uphold the delegation of power in this case and that related concerns about conflicts of interest and anti-competition that may arise from some delegations to market actors are better handled under a due process analysis.
Chapman University law professor Ronald Rotunda critiques the U.S. Government’s asserted power to prosecute alleged war criminal in military commissions.
Cornell University law professor Michael Dorf highlights similarities and differences between the U.S. Supreme Court’s inaction during the Civil Rights Era and presently, with regard to the issue of same-sex marriage.
Cardozo law professor Marci Hamilton describes and praises Washington State’s solution to nullify the discriminatory effect of the U.S. Supreme Court’s decision in Burwell v. Hobby Lobby Stores, Inc..
Cornell University law professor Sherry Colb discusses a case the U.S. Supreme Court will decide this Term regarding the meaning of the Sixth Amendment’s Confrontation Clause. Colb argues that the Court may properly see fit to revisit its current approach to hearsay and the Confrontation Clause.
Hofstra University law professor Joanna Grossman discusses a recent ruling by the Tennessee Supreme Court obfuscating, rather than clarifying, that state’s laws on surrogacy agreements.
Cardozo Law professor Marci Hamilton discusses the implications of a child (Malala Yousafzai) and an advocate of child protection (Kailash Satyarthi) winning the Nobel Peace Prize this year.
U.C. Davis law professors Vikram David Amar and Alan E. Brownstein discuss a case the U.S. Supreme Court that will be argued in the coming months, which presents the issue how courts should define “true threats” that fall outside First Amendment protection and thus are subject to punishment.
George Washington law professor and economist Neil Buchanan explains how the Ebola crisis highlights the dangerous consequences of demonizing the government.
Cornell University law professor Michael Dorf discusses the constitutional basis for, and limitations on, the quarantine of individuals for public health purposes, such as to prevent the spread of Ebola.
Chapman University law professor Ronald Rotunda critically discusses civil forteiture laws in Philadelphia, which he argues are unnecessarily harsh and extend beyond their intended purposes.
Former counsel to the president John Dean favorably reviews Erwin Chemerinsky’s new book The Case Against the U.S. Supreme Court. Dean praises Chemerinsky for expressing thoughtful and well-founded criticism in a way that few others have done.
Cardozo Law professor Marci Hamilton discusses a case for which the U.S. Supreme Court will hear arguments next week, in which a Muslim inmate in an Arkansas prison is arguing for the right under the Religious Land Use and Institutionalized Persons Act (RLUIPA) to have a beard, despite the prison’s rule prohibiting beards.
Hofstra University law professor Joanna Grossman and Stanford University law professor Lawrence Friedman comment on a recent decision by the Texas Court of Criminal Appeals striking down that state’s law against “improper photography.” Grossman and Friedman describe other similar laws in other states and discuss the challenges legislatures have faced in crafting such laws to include highly inappropriate violations of privacy without running afoul of the First Amendment.
Chapman University law professor Ronald Rotunda discusses the need for the Attorney General to appoint Special Counsel to investigate IRS misconduct. Rotunda argues that by appointing Special Counsel, the Attorney General can restore America’s faith in the nonpartisanship of the Internal Revenue Service.
George Washington University law professor and economist Neil Buchanan discusses a recent ruling by a California superior court judge striking down that state’s tenure system for public school teachers. Buchanan explains why the ruling lacks adequate basis and argues that tenure is actually an essential part of attracting and retaining talented teachers.
U.C. Davis School of Law professor Vikram David Amar describes a recent incursion by the U.S. Court of Appeals for the Ninth Circuit into California’s direct democracy system. Amar explains the U.S. Supreme Court precedents that led the Ninth Circuit to its conclusion, and he calls upon the Court to cut back or overrule its prior erroneous decisions to avoid future injuries to state direct democracy systems.
Cornell University law professor Michael Dorf discusses Scotland’s recent vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law.