Cornell University law professor Michael C. Dorf comments on a recent Ninth Circuit decision rejecting an effort by PETA to bring a copyright lawsuit on behalf of Naruto, a crested macaque. Dorf points out that while the result in that case is unsurprising, the court’s reasoning raises important questions about the role of lawsuits and law more generally in furthering the interests of nonhuman animals.
In this first of a multi-part series of columns about the legal duties of broker-dealers, Tamar Frankel, the Robert B. Kent Professor of Law at Boston University School of Law, defines fiduciaries and explains the rationale for their duties. In the following columns, Frankel considers the significance of specific words in this context, the legal consequences of such words, and potential ramifications.
Cornell University law professor Joseph Margulies describes some of the positive and negative consequences for whichever city Amazon decides will be home to its second headquarters. Margulies looks specifically at Olneyville—a low-income, predominately Latino neighborhood on the west side of Providence, Rhode Island, and concludes that on balance, the benefits of Amazon choosing Boston for its second headquarters could outweigh the risks to communities like Olneyville. Margulies calls upon Providence and indeed all cities to make firm, non-negotiable, legally binding commitments to protect and preserve affordable housing and to make sure that the benefits flow equitably to all residents.
Illinois Law professor Lesley Wexler explores the narrative of the so-called career death penalty that has arisen from the #MeToo movement and considers lustration—a process of purging or vetting individuals responsible for abuses of the state—as a mechanism to govern some of the high-profile harassers. Wexler calls upon the public and the media to help create a different story—a better world—where individuals who have engaged in harassment no longer need to serve as cultural or economic arbiters.
Marci A. Hamilton, a Fox Distinguished Scholar in the Fox Leadership Program at the University of Pennsylvania, praises Olympic gold medalist in judo Kayla Harrison’s book Fighting Back: What an Olympic Champion’s Story Can Teach Us About Recognizing and Preventing Child Sexual Abuse—And Helping Kids Recover. Hamilton describes the book as ambitious, but well worth reading, especially for teachers, coaches, youth-serving organizations, and every parent intent on preventing the sexual abuse of their children.
SMU Dedman School of Law professor Joanna L. Grossman describes the last ruling by the late Judge Stephen Reinhardt, in which Reinhardt, writing for the Ninth Circuit en banc, reversed an interpretation of the Equal Pay Act that allowed employeers to justify paying female employees less than their male counterparts based on salary history. Grossman explains why the ruling is a correct interpretation of the Equal Pay Act and notes that the decision underscores Judge Reinhardt’s reputation as a staunch defender of equality and justice.
Cornell University law professor Sherry F. Colb explains why Atlantic writer Kevin Williamson’s call for hanging (or otherwise executing) women who abort reveals misogynist thinking at work. Colb describes how sexism differs from misogyny and points out why the latter is worse than the former.
Illinois Law dean and professor Vikram David Amar comments on Tim Draper’s proposal to divide California into three separate state. Amar describes what the proposal would do and provides three levels of hurdles that will (and Amar argues should) make the proposal a difficult sell, particularly among rational Democrats, who make up the majority of California voters.
Cornell University law professor Michael C. Dorf comments on an exchange during the confirmation hearing of Wendy Vitter, whom President Trump has nominated for a federal district court judgeship, in which Vitter declined to answer whether she thought Brown v. Board of Education was rightly decided. Dorf points out that Vitter’s refusal to answer that question may have been an attempt to avoid further scrutiny about her views about abortion but also served to inadvertently acknowledge what conservatives routinely deny—that a judge’s “personal, religious, and political” views necessarily interact with the legal materials.
Cornell University law professor Joseph Margulies expands upon a prior column in which he argued that all of President Donald Trump’s attacks thus far on Special Counsel Mueller are not actually a threat to the rule of law. Margulies considers two other scenarios: delegating the task of firing the special counsel, which Margulies argues does threaten the rule of law, and pardoning those convicted by the special counsel, which he argues does not.
George Washington law professor and economist Neil H. Buchanan considers gerrymandering, particularly whether there are legal or constitutional limits on how far one party can go to marginalize and potentially destroy the other party. Buchanan explains how gerrymandering works and why it is such a troubling phenomenon in a democracy.
SMU Dedman School of Law professor Joanna L. Grossman considers whether New York’s all-female private social club, The Wing, violates that state’s public accommodations law. Grossman reviews the relevant case law and concludes that The Wing will likely have difficulty arguing that should be exempt from the public accommodations law under First Amendment or public policy grounds.
Cornell University law professor Sherry F. Colb analyzes some of the assumptions implicit in a fur ban, as San Francisco recently implemented, including the view that fur is a luxury while leather is a necessity and the view that wild animals have a right to live while farm animals do not. Colb explains why these distinctions are nonsensical and calls upon proponents of the fur ban to let people know that there is plenty of vegan food in San Francisco and elsewhere, and that no one needs to spend another moment participating in cruelty to animals.
Illinois Law dean and professor Vikram David Amar reflects on the ABA’s process for reaccreditation of American law schools and describes some of the positive and negative aspects of that process. Amar explains that during the reaccreditation site visits, schools have the opportunity to learn from others similarly situated and to showcase their own progress, but there are still some challenges such as consistent application of ABA standards and the attempt to treat of all schools, however different they might be, the same for accreditation purposes.
George Washington law professor and economist Neil H. Buchanan explains why regressive taxes make Republicans “reverse Robin Hoods” by focusing on the core disagreement between those Republicans and everyone else about the ethics of taxation. Buchanan points out that the Republicans’ argument boils down to the tautology that rich people deserve what they have because they have it.
Cornell University law professor Joseph Margulies describes how President Donald Trump’s rhetoric on criminal justice has not actually impacted (positively or negatively) the state of criminal justice reform across the country. Margulies describes the modest progress but cautions that the most significant shifts may be taking place at a level that is not yet detectable.
Cornell University law professor Sherry F. Colb comments on the recent incident involving a French bulldog puppy dying in-flight when the flight attendant allegedly insisted that the carrier containing the dog be put in the overhead bin. Colb provides one possible explanation for the incident in terms of human behavior as observed in the famous Milgram experiment, in which subjects obeyed directions from an authority figure to administer increasingly strong electric shocks to another person despite experiencing moral distress at doing so.
SMU Dedman School of Law professor Joanna L. Grossman comments on the recent oral argument in NIFLA v. Becerra, in which so-called Crisis Pregnancy Centers challenge California’s Reproductive FACT Act as violating their First Amendment right to free speech by requiring posted information about medical licensure and abortion. Grossman points out that Justices Stephen Breyer and Sonia Sotomayor seemed to believe that if California’s FACT Act violates the First Amendment, then so too would laws in other states requiring that doctors engage in anti-abortion (or abortion-deterrent) speech.
George Washington law professor and economist Neil H. Buchanan describes two reasons Republicans’ regressive tax cuts are unpopular: people are no longer falling for Republicans’ claims that the tax cuts help the middle class, and people are increasingly aware that the tax cuts increase, rather than reduce, economic inequality.
Guest columnist Barry Winograd—an arbitrator and mediator, and lecturer at Berkeley Law—concludes his two-part series of columns on the conflict between President Donald Trump and Stephanie Clifford, the adult film actress known as Stormy Daniels. Winograd argues that both parties would benefit from settling their claims against the other so they can minimize disruption to their personal and professional futures.