Tag Archives: Legal

Doing Nothing About Taxes Is Better Than What Republicans Want to Do

Neil H. Buchanan, a George Washington law professor and economist, argues that the tax code status quo (imperfect as it is) is better than the changes Republicans are proposing to make. Buchanan explains the difference between the marginal tax rate and the effective tax rate and how Republicans focus only on marginal tax rates in order to mislead the public.

Trump’s Travel Ban Heads to the Supreme Court

Cornell University law professor Michael C. Dorf discusses possible implications and outcomes of the Supreme Court’s recent announcement that it will review the appeals court decisions invalidating President Trump’s travel ban executive order. Dorf explains the issue of mootness and also explains how one might predict how the Court will rule on the merits of the case.

Supreme Court Considers Whether to Grant Privacy to Cell Tower Location Records

Cornell University law professor Sherry F. Colb considers the reasoning behind an appeals court's allowing law enforcement to acquire, without a warrant or probable cause, cell phone records that include a user’s approximate location over a period of several months. Colb expresses relief that the U.S. Supreme Court has decided to consider the issue so that we can know whether, by using a cell phone, we are thereby exposing our location to the police (and not just to our wireless service providers).

Remaining Faithful to Free Speech and Academic Freedom

Illinois Law dean and professor Vikram David Amar laments recent instances of censored speech, particularly on university campuses, and reminds us that freedom of speech and academic freedom protect even those speakers whose message might be perceived odious, racist, sexist, or hateful. Amar points out that both freedom of speech and academic freedom are rooted in the principle that ideas and arguments ought to be evaluated on their substance and that the essence of both kinds of freedom is the opportunity to persuade others of the merits of one's argument, rather than the use of power to coerce or silence others.

Supreme Court Rules That Citizenship Must Be Equally Heritable Through Fathers and Mothers

Cornell University law professor Michael C. Dorf comments on a recent decision by the U.S. Supreme Court on the heritability of citizenship and explains why the decision might have implications for other immigration issues, such as the “Muslim ban” executive order. Dorf argues that the precedents the Court had to distinguish to reach its conclusion might give some insight into whether and how it might defer to other political branches on immigration issues.

Absolute Power Corrupts Absolutely in The Keepers

Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania and CEO of CHILD USA, encourages everyone to watch the Netflix docuseries The Keepers, which addresses child sex abuse in the Catholic Church. Hamilton describes the progress toward justice for child sex abuse victims, including the growing awareness of the pervasiveness the problem and increasing numbers of states who extend or eliminate statutes of limitations for these types of lawsuits and prosecutions.

Texas House Approves a Doomed Abortion Law: Why?

Cornell University law professor Sherry F. Colb discusses legislation recently approved by the Texas House that will almost certainly be struck down as unconstitutionally restricting women's right to seek an abortion prior to fetal viability. Colb explains that the legislation is more speech than it is law and discusses some possible reasons the state would want to “speak” in this manner.

Cash or Card

Guest columnists Antonio G. Sepulveda, Henrique Rangel, and Igor De Lazari comment on a recent decision by the U.S. Supreme Court that a New York law prohibiting merchants from imposing a surcharge for payment by credit card constitutes a regulation of speech, and they compare the Court’s treatment of the law as regulating speech with Brazil’s historic treatment of similar laws in that country as protecting consumers.

“Dot the i’s and Cross the t’s”: Louisiana Supreme Court Voids Prenuptial Agreement for Signature Defect

SMU Dedman School of Law professor Joanna L. Grossman describes a case in which the Louisiana Supreme Court voided a prenuptial agreement for its failure to abide by strict formalities required in that state. Grossman discusses the history of prenuptial and postnuptial agreements and uses this case and one from New York to illustrate the importance of paying attention to the details when forming these documents.

A Primer on Impeachment (With Special Attention to the Recent Allegations of Interference by President Trump in the Flynn/Russia Investigation)

Illinois Law dean and professor Vikram David Amar explains a few basics about the presidential impeachment process. Amar points out that impeachable conduct does not need to violate criminal statutes, that presidential participation in pending investigations isn’t necessarily wrong (but can be), and that not all “high crimes and misdemeanors” must lead to impeachment.

A Fresh Look at Jury Nullification

In response to a recent episode of the podcast Radiolab that relates the story of a juror who was prosecuted for attempting jury nullification, Cornell University law professor Sherry F. Colb considers how we ought to think about the power of jurors to acquit for any reason. Colb explains what jury nullification is and describes some situations in which it is most clearly appropriate and some in which it is problematic. She also proposes a solution to address bias in all phases of the criminal process, rather than just prosecution and trial.

What Employment Discrimination Law Teaches About the Comey Firing

Cornell University law professor Michael C. Dorf comments on President Trump’s decision Tuesday night to fire FBI Director James Comey. Though Title VII obviously does not apply to Trump’s action, Dorf analogizes to the framework used in Title VII employment discrimination contexts to demonstrate that the evidence overwhelmingly suggests Trump’s asserted grounds for firing Comey were pretextual.

“Stealthing”: Is Secret Condom Removal Akin to Sexual Assault?

Cornell University law professor Sherry F. Colb comments on “stealthing,” a practice in which men surreptitiously remove their condoms while having intercourse. Colb considers whether the practice is best characterized as sexual assault, as some have argued, or whether it is a different kind of harm that should be addressed through a different set of legal processes.

Discrimination Begets Discrimination: The Ninth Circuit Allows Prior Salary to Justify Paying Women Less Than Men for the Same Work

SMU Dedman School of Law professor Joanna Grossman comments on a recent decision by the U.S. Court of Appeals for the Ninth Circuit perpetuating pay disparities between men and women by allowing an employer to rely on prior salary in determining pay. Grossman explains why the use of salary history undermines the purpose of the Equal Pay Act of 1963 and argues that laws prohibiting use of salary history, like Massachusetts has, require an employer to think about how much the work is worth rather than how much the person is worth.

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 Co... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan is an economist and legal scholar and a Professor of Law at The George Washington U... more

Sherry F. Colb
Sherry F. Colb

Sherry F. Colb is Professor of Law and Charles Evans Hughes Scholar at Cornell University. Colb tea... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973. Befo... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He has w... 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 of L... more

Marci A. Hamilton
Marci A. Hamilton

Marci A. Hamilton is one of the country’s leading church-state scholars and the Fox Professor of Pra... more

David S. Kemp
David S. Kemp

David S. Kemp is an attorney and managing editor at Justia. He received his B.A. in Psychology from... more

Joseph Margulies
Joseph Margulies

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

Anita Ramasastry
Anita Ramasastry

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

Ronald D. Rotunda
Ronald D. Rotunda

Ronald D. Rotunda is the Doy & Dee Henley Chair and Distinguished Professor of Jurisprudence, at... more