Tag Archives: Legal
Wait … Was the Sheriff of Nottingham Somehow the Good Guy?

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.

Donald Who? Reform Goes Forward Despite His Idiocy

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.

United Airlines and the Milgram Experiment

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.

The War Over Women’s Health: The Supreme Court Considers Validity of California Law Mandating that Anti-Abortion Pregnancy Centers Disclose if They Are Not Licensed

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.

Why the Republicans’ Regressive Tax Cuts Are Unpopular

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.

A Settlement for Donald Trump and Stephanie Clifford?

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.

Is the Winner-Take-All Method States Use to Select Presidential Electors Legally Vulnerable?

In this second of a two-part series of columns, Illinois Law dean and professor Vikram David Amar evaluates the major constitutional and statutory voting rights claims asserted in the federal challenge to Texas’s use of the so-called Winner-Take-All approach to selecting the state’s representatives to the Electoral College. Amar explains why he finds both types of arguments set forth in the complaint largely unpersuasive.

Does the Constitution Permit a State to Abolish Marriage?

Cornell University law professor Michael C. Dorf considers whether, in protest of the Supreme Court’s recognition of the constitutional right to same-sex marriage, states can “get out of the marriage business” altogether. Dorf explains that abolishing marriage for everyone likely poses no equal protection issues, and points out some interesting and unique characteristics about marriage as a fundamental right.

Risk and Reward for International Prize Revocation: Aung San Suu Kyi, Genocide, and the Nobel Committee

Illinois Law professor Lesley Wexler considers whether institutions such as the Nobel Committee should revoke awards for illegal or immoral behavior by its recipients. Wexler points out that empirical evidence suggests that revocation can sometimes lead to crackdowns or repressions, rather than motivating the recipient to improve their behavior, and thus that revocation should be considered with caution.

Lessons From the Gina Haspel Imbroglio

Cornell University law professor Joseph Margulies explains why we should withhold judgment about President Donald Trump’s nominee to head the CIA, Gina Haspel. Margulies points out that, notwithstanding what we do know about Haspel’s role in facilitating torture at CIA black sites, there is much information we still do not yet know that could inform our assessment of her. He calls upon both the Left and the Right to reduce knee-jerk reactions and instead seek to make careful assessments based on complete information and facts.

R.I.P. Ron Rotunda—A Man Responsible for Watergate’s Most Lasting Positive Impact

Former White House counsel John W. Dean describes the incredible legacy of fellow Verdict columnist, Professor Ronald D. Rotunda, who passed away unexpectedly earlier this week. Dean explains how he came to know Rotunda—through the Watergate hearings—and Rotunda’s critical role in developing the modern-day ethics rules that govern lawyers (“post-Watergate morality”). A prolific writer, Rotunda is perhaps best known for co-authoring the revered Legal Ethics: The Lawyer’s Deskbook on Professional Responsibility, as well as a highly regarded treatise on constitutional law.

The Brokers’ War Against Fiduciary Duties

Boston University law professor Tamar Frankel comments on the current situation regarding federal regulation of securities brokers as having fiduciary duties to their clients. Frankel explains the arguments for and against such regulations and describes the possible consequences for retirees, young people, and the brokers themselves if the regulations are imposed.

The Price of Spyware: New York Husband Denied Marital Assets Because He “Hacked” the Process

SMU Dedman School of Law professor Joanna L. Grossman comments on a recent decision by a New York trial court finding a man's egregious use of spyware to eavesdrop on his wife's conversations with her lawyer during their ongoing divorce, and his destruction of the evidence of the spying, supported denying him marital assets in the divorce. Grossman describes the very standard for considering whether to consider fault when awarding alimony and argues that the court arrived at the correct conclusion in this extraordinary circumstance.

Are Animal Rights and Human Rights in Tension?

Cornell University law professor Sherry F. Colb considers four ways in which human rights successes might seem to impede the progress of animal rights (and vice versa) and explains why none of these four ways stands up to critical analysis. Colb concludes that a commitment to human rights is perfectly consistent with an embrace of animal rights and that rather than being in conflict, to support one without the other is incoherent.

2020 Presidential Election Legal Maneuvering: Prominent Lawyers and Law Professors File Lawsuit Challenging Winner-Take-All Method Used by Texas (and Most Other States) to Pick Presidential Electors

Illinois Law dean and professor Vikram David Amar comments on a lawsuit recently filed in Texas challenging the winner-take-all method by which Texas (and other states) administer presidential elections. Amar explains the benefits and drawbacks of the method and why the lawsuit is unlikely to elicit changes in Texas or elsewhere.

The Damage in the Wake of the Non-Scandal at the IRS

George Washington law professor and economist Neil H. Buchanan describes how Republicans' unjustified war on the Internal Revenue Service and attempts to defund it have incidentally caused all charitable organizations to suffer. Buchanan recounts the non-scandal involving the IRS and highlights the inconsistencies in Republicans' rhetoric as to that incident-which led to dire consequences not just for honest taxpayers but for legitimate charitable groups and the people who would like to support them.

Supreme Court Divides Over What a Law Is

Cornell University law professor Michael C. Dorf comments on a recent sharply divided decision by the US Supreme Court in Patchak v. Zinke, in which Court considered whether a particular piece of legislation actually constitutes a law. Dorf explains why the issue was so difficult and points out some of the flaws in reasoning by both the plurality and the dissent.

Whose Tax Is This?

Guest columnists Igor De Lazari, Antonio Sepulveda, and Judge Sergio Dias describe how Brazil recently addressed an issue currently before the US Supreme Court-an issue of when (and whether) a state may collect taxes on goods that originate out of state. De Lazari, Sepulveda, and Dias suggest that perhaps the issue is better resolved, as it was in Brazil, through the legislative process rather than by court decision, so as to ease what is likely to be an abrupt transition.

Miracles in Child Sex Abuse Statutes of Limitation Reform: Three of the Worst States Are Stepping Up

Marci A. Hamilton, a professor and resident senior fellow in the Fox Leadership Program at the University of Pennsylvania, describes what three states are doing to improve child sex abuse victims' access to justice. Hamilton explains how Georgia, Michigan, and New York are finally changing their restrictive statutes of limitations to start to give victims access to the court system they so deserve.

Take a Flying Leap: The Second Circuit Holds That Skydiving Instructor Can Sue for Sexual Orientation Discrimination Under Title VII

SMU Dedman School of Law professor Joanna Grossman comments on a decision by the US Court of Appeals for the Second Circuit, sitting en banc, holding that sexual orientation discrimination is an actionable form of sex discrimination under Title VII of the Civil Rights Act of 1964. Grossman explains the significance of the holding and describes the circuitous route federal courts have taken to finally arrive at that common-sense conclusion.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at the University of... more

John Dean
John Dean

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

Michael C. Dorf
Michael C. Dorf

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

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... 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... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

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

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more