Tag Archives: Pennsylvania
Does the Rule of Law Mean that Only Courts Can Rule? The Bucks County, Pennsylvania Episode Tees Up the Question

UC Davis Law professor Vikram David Amar and Illinois Law professor Jason Mazzone analyze a recent Pennsylvania Supreme Court decision ordering counties not to count undated/misdated mail-in ballots for the November 2024 election, specifically examining the broader implications of courts claiming exclusive authority to interpret constitutionality. Professors Amar and Mazzone argue that the court’s position that only judges can determine constitutional matters is problematic, as executive officials throughout American history have demonstrated the capacity to make sound constitutional judgments, and a decentralized system of constitutional review by multiple government actors can better protect individual rights.

Why the Supreme Court Should Absolutely Not Grant Relief or Review in Genser v. Butler County Board of Elections, as the Republican National Committee Requested This Week

UC Davis Law professor Vikram David Amar analyzes a recent Pennsylvania Supreme Court ruling that allows voters whose mail-in ballots were rejected due to technical errors to cast provisional ballots in person, and examines the Republican National Committee's subsequent appeal to the U.S. Supreme Court to block this ruling. Professor Amar argues that the RNC’s appeal lacks merit because it misapplies both the Purcell doctrine (which constrains federal, not state, courts from making last-minute election changes) and the Supreme Court’s Moore v. Harper decision, which actually supports states’ authority to interpret their own election laws through various governmental processes, including state courts.

A Message from Bellwether Pennsylvania Elections: Issues Other Than Abortion Are Winners, Too!

Former federal prosecutor Dennis Aftergut argues that mainstream media’s failure to cover certain substantive news stories, such as local election results and their implications, can lead to a lack of awareness about issues that significantly affect the future of democracy. Mr. Aftergut encourages citizens to influence media coverage by voicing their desire for real news through letters to editors and social media, thereby contributing to a more informed public discourse.

A Tale of Two States and the Roads Taken and Blocked to Child Protection

Penn professor Marci A. Hamilton describes how New York and Pennsylvania differ in their approaches to protecting child victims. Professor Hamilton praises New York for taking substantial steps to protect abuse survivors, in sharp contrast to Pennsylvania, where the state legislature has repeatedly failed to take meaningful action to give survivors access to justice.

Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

Hawley’s Excuse for a Coup: Dangerous Nonsense in Search of a Legal Fig Leaf

UF Levin College of Law professor and economist Neil H. Buchanan challenges Senator Josh Hawley’s proffered reason that the Senate should have heard challenges to the counting of electoral votes. Professor Buchanan argues that, no matter how he tries to justify his approach, he was willing to violate the U.S. Constitution to overthrow the duly elected incoming President and to further his own cynical plans to run for President in a future election.

A Tale of Two Victims Trying to Stay Above Water While Pursuing Justice: Corey Feldman and Patty Fortney (And Her Sisters)

Marci A. Hamilton, professor at the University of Pennsylvania and CEO of CHILD USA, describes two stories that show the persistent barriers to justice for child sex abuse victims, despite significant progress recently. First, Hamilton relates the story of Corey Feldman, who will finally get to tell his story of abuse in the premiere of My Truth: The Rape of Two Coreys on March 9, 2020, which will air at 11pm EST in a one-time, online showing globally. Second, Hamilton describes how Patty Fortney and her sisters are pursuing justice against the diocese of Harrisburg, Pennsylvania.

Abuse Victims Still Don’t Get Justice

UNLV Boyd School of Law professor Leslie C. Griffin criticizes the recent order by the Pennsylvania Supreme Court to permanently redact the names of eleven priests from the grand jury report on sexual misconduct by the clergy in six Pennsylvania Roman Catholic dioceses. Griffin argues that the redaction undermines the purpose of the grand jury report to promote openness and sends the negative signal to survivors that the court will protect their abusers.

Pennsylvania Republican Leadership Spits in the Eyes of Child Sex Abuse Victims with Faux Justice in New Proposal

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, criticizes Pennsylvania Republican leadership for letting down child sex abuse victims in that state by proposing a “tribunal” that amounts to faux justice rather than passing meaningful legislation. Hamilton calls upon the legislature to pass a real window via statute of limitation reform and to let the private entities handle their own compensation funds.

To Achieve Justice for the Victims of Sex Abuse in Pennsylvania: Don’t Let History Repeat Itself

Marci A. Hamilton, professor and resident senior fellow in the Program for Research on Religion at the University of Pennsylvania, explains why it is so important for the justice for the victims of sex abuse in Pennsylvania that that state continue its momentum for statute of limitations reform. Hamilton explains that the state legislature has only seven days left in its session to pass the reform.

Philadelphia’s Ban on Employers Asking Job Applicants for Salary History Raises Interesting First Amendment Questions

Illinois Law dean and professor Vikram David Amar and UC Davis Law professor Alan Brownstein discuss a law the Philadelphia mayor recently signed into law that prohibits employers in that city from asking job applicants to provide their past salary data, in an attempt to reduce the wage gap between men and women. Amar and Brownstein specifically consider some of the arguments that the law violates the First Amendment.

The State Law Gauntlet Facing Child Sex Abuse Survivors: A Long Way to Go to Child-Centered Justice

Marci A. Hamilton, a Fox Distinguished Scholar in the Program for Research on Religion at the University of Pennsylvania, explains how federal and state law interact to block survivors of child sex abuse from justice. As Hamilton explains, extending statutes of limitations for bringing abuse claims, or eliminating them altogether, is only one (albeit critically important) step state legislators must take toward helping survivors get the justice they deserve.

A Public Service Translation of a Catholic Bishop’s Letter Against SOL Reform

Cardozo Law professor Marci Hamilton explains what is really behind a Catholic bishop’s letter urging Catholics to oppose Pennsylvania HB 1947—a significant bill that would reform statutes of limitations for victims of child abuse and incest thereby giving them greater access to justice.

Bucks County DA David Heckler’s Mixed Signals on Pennsylvania’s Statute of Limitations for Child Sex Abuse

Cardozo law professor Marci Hamilton examines the position Bucks County, Pennsylvania, District Attorney David Heckler has taken with respect to child sex abuse and sex assault victims. Hamilton points out that Heckler does not seem to truly support the protection of children, based on his role in the misleading statements about SOL in the Task Force Report, the delay in release of a grand jury report that supports SOL reform, and the failure to prosecute a Catholic priest accused of sexual abuse.

Legislators Should Find Courage in Spotlight’s Success and Motivation in Yet Another Grand Jury Report, and Finally Do SOL Reform Right

Cardozo Law professor Marci Hamilton discusses the recently released report on abuse in the Altoona-Johnstown Catholic Diocese in Pennsylvania. Hamilton argues that with the motion picture Spotlight having received the Oscar for Best Motion Picture, legislators in Pennsylvania and elsewhere should have even greater motivation to reform civil and criminal statutes of limitations with respect to victims of child sex abuse.

Bill Cosby and the Rule Against Character Evidence

Cornell University law professor Sherry Colb discusses the role of Pennsylvania Rule of Evidence 404 in the criminal trial against Bill Cosby. Colb argues that the rule against character evidence serves a specific purpose in “whodunit” cases (where the perpetrator is unknown) but that it may serve a different purpose in “what was done” cases, such as the present case against Cosby.

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