Tag Archives: Racism
New Federal Law Reminds Americans of What Lynching Really Means

Amherst professor Austin Sarat describes how politicians have misused the term “lynching” for their own political purposes, thereby threatening to dilute its meaning. Professor Sarat praises President Biden for signing into law the Emmett Till Antilynching Act and calls upon the president and Attorney General Merrick Garland to use its historic passage to put the full weight of the federal government behind efforts to stem the epidemic of hate crimes plaguing this country.

Racism, Rage, and Raw Political Power: Revisiting the Motivations of Trump’s Supporters

UF Levin College of Law professor and economist Neil H. Buchanan develops his argument that the only plausible reasons Republicans continue to support President Trump are “bigotry and raw political power.” In this follow-up column, Buchanan explores these explanations a bit further, drawing in part from incensed reader responses to his previous column.

Lessons of the Cooper Affair

Cornell law professor Joseph Margulies comments on the recent incident in which Amy Cooper, a young white woman, called the police on Christian Cooper, an African American man who was birdwatching in Central Park. Margulies argues that the repercussions of Ms. Cooper’s actions—her suffering public ridicule and losing the valuable commodity of anonymity—achieve both the consequentialist and retributivist purposes of our penal system, so for the state to prosecute her as well would serve only to humiliate and demonize her

Would Eliminating Qualified Immunity Substantially Deter Police Misconduct?

Cornell law professor Michael C. Dorf discusses the proposal that eliminating or substantially reducing the qualified immunity currently enjoyed by police officers would address racism and police brutality. Although the idea has lately garnered some bipartisan support and could potentially have some benefit, Dorf describes two reasons to be skeptical of the suggestion. He concludes that for all of its flaws, qualified immunity may actually facilitate the progressive development of constitutional rights.

Rape, Racism, Free Speech, and Fraternities

Cornell University law professor Sherry F. Colb examines two (real, but slightly altered) conversations in order to explore the thoughts and feelings that might affect the weight we give to principles that support our positions, while disregarding the same principles when they run contrary to our positions. Colb describes the interrelatedness of conversations that arise regarding rape, racism, and free speech, specifically in the context of college fraternities, but applicable to many other situations.

Explicit Bigotry and Veiled Racism in the Trump Era

George Washington law professor and economist Neil H. Buchanan warns of the false distinction between being racist and supporting racist policies. Buchanan points out racism is not limited to those marching with Nazis and Klansmen; to consistently support policies that invariably harm disadvantaged people is its own form of racism and is itself reproachable.

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 both Osgoode Hall... 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 the Dwight D. Opperman Professor, Director, Center for Labor and Employment... 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