Leading church-state scholar Marci A. Hamilton comments on a recent decision by the U.S. Court of Appeals for the Second Circuit in which it held that a female principal of a Catholic school has no legal recourse when a priest engages in gender discrimination that would be actionable in any other setting. Hamilton explains that this is a product of the misguided ministerial exception, which is part of a larger, more troubling social pattern of religious entities demanding a right to discriminate and harm others.
Chapman University Fowler School of Law professor Ronald D. Rotunda draws upon the writing of Dante Alighieri, author of The Divine Comedy, in calling upon politicians and lawmakers to enact just laws. Rotunda provides a short synopsis of the work and explains why it is significant today.
Illinois Law dean and professor Vikram David Amar comments on the U.S. Supreme Court’s recent decision in Matal v. Tam, in which the Court struck down as unconstitutional part of the federal trademark registration statute that prohibits registration of disparaging marks. Amar points out that the Court’s decision in Matal is difficult to square with its reasoning and holding in Walker v. Texas Division, Sons of Confederate Soldiers, a case from two years ago in which the Court upheld Texas’s refusal to approve a specialty license plate design that made extensive use of the Confederate flag image.
George Washington law professor and economist Neil H. Buchanan continues his discussion of tax reform, suggesting that a starting place for meaningful reform would be to tax wealth more effectively, tax unrealized gains, and eliminate the preferential tax rates for investment income. Buchanan points out that even modest changes in these areas would significantly address the problem of growing economic inequality in our country.
Cornell University law professor Michael C. Dorf analyzes the arguments made by Donald Trump’s lawyers in defending against Summer Zervos’s defamation suit against him, specifically the argument that Trump’s comments were mere “hyperbole” and “fiery rhetoric,” which, in the context of a presidential campaign, do not amount to defamation under state law. Dorf argues that existing law already offers politicians some protections against frivolous lawsuits, and what Trump’s lawyers are asking for is essentially a license for a candidate to lie about anyone and anything so long as the controversy has some connection to politics.
In this first of a series of columns on tax reform, George Washington law professor and economist Neil H. Buchanan describes a few items that should not be seriously considered in attempting to improve the status quo. Buchanan argues that the notion of a complete overhaul of the tax code, and the proposal that the tax code should be “simpler,” ignore important considerations and distract from real issues.
Marci A. Hamilton, a leading church/state scholar and Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, comments on the U.S. Supreme Court’s recent decision in Trinity Lutheran Church v. Comer, which Hamilton argues reflects a common-sense application of existing jurisprudence on the Free Exercise Clause. Hamilton laments that legislators are not acting with the same level of common sense as they develop and interpret dangerous Religious Freedom Restoration Acts.
Cornell Law professor Sherry F. Colb comments on a recent tragic incident in which a young man committed suicide under the encouragement via text message by his girlfriend. Colb considers whether her conviction by a Massachusetts judge of involuntary manslaughter was appropriate and just, and discusses some of the issues that her conviction raises, including free speech, the right to die, and traditional conceptions of causation and responsibility.
SMU Dedman School of Law professors Joanna L. Grossman and Dale Carpenter comment on a recent decision by the Texas Supreme Court in which it refuses to give effect to the U.S. Supreme Court’s ruling in Obergefell v. Hodges, which recognized a constitutional right of same-sex couples to marry. Grossman and Carpenter explain why the Texas court’s decision was clearly wrong and why factors other than merits might have (though they should not have) affected the ruling in that case.
Cornell University law professor Joseph Margulies considers why it is so difficult for people to have productive conversations about police shootings. Margulies calls upon us to ask not whether an officer involved in a shooting is a monster or a hero, but instead whether tomorrow we can do better.
Illinois Law dean and professor Vikram David Amar explains the U.S. Supreme Court’s seminal decision in United States v. Nixon and explains how it might affect the Trump administration in light of various ongoing investigations. Amar provides a brief summary of the Court’s holding in that case, calls attention to some weaknesses in its reasoning, and anticipates what issues might present themselves again.
SMU Dedman School of Law professor Joanna L. Grossman comments on the U.S. Supreme Court’s recent summary reversal of the Arkansas Supreme Court’s ruling that upheld that state’s attempt to avoid the marriage equality decision in Obergefell v. Hodges. Grossman describes the ways in which some states, such as Arkansas in this case, have tried to avoid, subvert, or limit Obergefell’s holding, and she discusses the Supreme Court’s simple yet clear response, as well as the significance of Justice Gorsuch’s dissent from the per curiam opinion.
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.
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.
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).
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.
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.
John W. Dean, former counsel to President Nixon, reflects on the much-anticipated testimony of former FBI Director James Comey before the Senate Intelligence Committee on Thursday. Dean briefly summarizes the takeaways from Comey’s testimony and discusses the response by President Trump and his lawyer.
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.
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.