Cornell University law professor Sherry Colb discusses the differences between the Fourth Amendment and the First Amendment with respect to the “fruit of the poisonous tree,” in the context of the recent Sony hack and widescale publication of the private data exposed by the cyber-attack.
Hofstra University law professor Joanna Grossman discusses the recent crackdown by the federal Office for Civil Rights on sexual assault and violence in schools.
In this first of a two-part series of columns, Cornell University visiting law professor Joseph Margulies debunks the widespread belief that Americans’ support for torture occurred immediately following the attacks of 9/11. In Part II, Margulies will discuss how support for torture took off only after it became a partisan issue, and an argument took shape that made torture sound congenial to American values.
UC Davis law professor Vikram David Amar continues his discussion of the low 2014 bar pass rates in California and throughout the country.
Cornell University law professor Michael Dorf discusses a lawsuit filed in the U.S. Supreme Court by Nebraska and Oklahoma against Colorado, alleging that the latter state’s legalization of marijuana undermines their ability to maintain their own prohibitions of the substance.
Cornell University visiting law professor Joseph Margulies discusses the growing role of radical individualism in political culture and how it leads to communities on all sides of the political spectrum not taking responsibility for violence their rhetoric causes.
Chapman University law professor Ronald Rotunda discusses the comments by MIT economist and Obamacare consultant Jonathan Gruber and the principle of the wisdom of crowds.
Hofstra University law professor Joanna Grossman discusses a Mississippi case in which that state’s supreme court held that the children of a failed marriage cannot sue a responsible third party for “alienation of affection.”
Cornell University law professor Sherry Colb considers whether, why, and to what extent the law should proscribe sexual relations with individuals suffering from Alzheimer’s disease and other permanent impairments on the basis of their incapacity to consent.
U.C. Davis law professors Vikram David Amar and Alan Brownstein reflect on the five most significant constitutional developments of 2014.
George Washington law professor and economist Neil Buchanan describes the starkly different political responses to the revelation of wrongdoing by the IRS earlier this year, and the more recent Senate Intelligence Committee’s “torture report.” Buchanan argues that this contrast illustrates how politicians too often overreact to non-news yet refuse to respond to truly horrifying news.
Cornell University law professor Michael Dorf discusses a case in which the U.S. Supreme Court recently granted review to consider whether Texas may constitutionally deny an application for a custom state-issued license plate with a Confederate battle flag logo.
George Washington law professor and economist Neil Buchanan argues that Republicans in Congress have effectively used budget issues to set a trap to impeach the President, but that they might well regret setting that trap.
Chapman University law professor Ronald Rotunda discusses the problems with eyewitness identification, as illustrated recently by the tragedy in Ferguson, Missouri.
Former counsel to the president John W. Dean discusses the recent report by the U.S. Senate Select Committee on Intelligence describing the CIA’s use of torture to interrogate suspected terrorists. Dean predicts that the report will not likely lead to any prosecutions or policy changes, but instead might only result in the more frequent torture of Americans captured around the world.
Cardozo law professor Marci Hamilton reviews 2014 in terms of the developments (both forward and backward) in child protection issues. Hamilton concludes that while there are some good reasons to celebrate 2014, we should not slow down the fight for child protection in 2015.
Guest columnist and Cornell University visiting professor of law Joseph Margulies continues his discussion of the American criminal justice system and describes basic principles upon which we could build superior alternatives to the present system.
Cornell University law professor Sherry Colb discusses a case currently before the U.S. Supreme Court, Elonis v. United States, in which the Court will consider what constitutes a “true threat.” Specifically, Colb considers whether the First Amendment right of free speech prevents criminalization of threatening speech only if the speaker intended to bring about fear of bodily harm or death, or if it is enough that a reasonable person uttering those words would have anticipated they would be interpreted as such a threat.
Hofstra University law professor describes the recent clarification by the Department of Education’s Office for Civil Rights of its prior guidance on the legality of single-sex classes in public schools. Grossman explains why this clarification was needed and what issues it seeks to address.
U.C. Davis law professor Vikram David Amar continues his discussion on how federalism cuts against the challengers to the Obamacare statute in King v. Burwell. In this second of a two-part series, Amar addresses some counterarguments to his thesis that federalism principles bolster the federal government’s position in that case.