1. Is It Arbitrary to Distinguish Incest From Homosexuality?Cornell University law professor Sherry Colb differentiates state bans on incestuous marriages from bans on same-sex marriages by looking at the governmental interests the bans purportedly serve and the harm done to their targets. Colb argues that the U.S. Supreme Court can, if it wishes, use this distinction to strike down bans on same-sex marriages without also having to rule on bans on incestuous marriages.

    Is It Arbitrary to Distinguish Incest From Homosexuality?

    Cornell University law professor Sherry Colb differentiates state bans on incestuous marriages from bans on same-sex marriages by looking at the governmental interests the bans purportedly serve and the harm done to their targets. Colb argues that the U.S. Supreme Court can, if it wishes, use this distinction to strike down bans on same-sex marriages without also having to rule on bans on incestuous marriages.

    6 hours ago  /  0 notes

  2. Female Exec Sues New York Mets for Pregnancy DiscriminationLaw professors Joanna Grossman and Deborah Brake comment on a recent lawsuit filed by Leigh Castergine against her former employer, the New York Mets, alleging pregnancy discrimination. Grossman and Brake argue that based on Castergine’s allegations, she is likely to prevail in her case; however, they describe the inconsistent results in many seemingly similar pregnancy discrimination cases across the country.

    Female Exec Sues New York Mets for Pregnancy Discrimination

    Law professors Joanna Grossman and Deborah Brake comment on a recent lawsuit filed by Leigh Castergine against her former employer, the New York Mets, alleging pregnancy discrimination. Grossman and Brake argue that based on Castergine’s allegations, she is likely to prevail in her case; however, they describe the inconsistent results in many seemingly similar pregnancy discrimination cases across the country.

    1 day ago  /  0 notes

  3. IRS Monitoring Religious GroupsChapman University law professor Ronald Rotunda comments on the IRS monitoring of religious groups. Rotunda argues that the government agency’s actions run counter to the guarantees of the First Amendment of the U.S. Constitution.

    IRS Monitoring Religious Groups

    Chapman University law professor Ronald Rotunda comments on the IRS monitoring of religious groups. Rotunda argues that the government agency’s actions run counter to the guarantees of the First Amendment of the U.S. Constitution.

    2 days ago  /  0 notes

  4. What Would a Better Ferguson Response Have Looked Like?University of South Carolina School of Law professor Seth Stoughton discusses the police response in Ferguson, Missouri, and explains ways the situation could have been handled better. Stoughton argues that any confrontation between officers and citizens should be handled with the long-term relationship between the police and the community in mind.

    What Would a Better Ferguson Response Have Looked Like?

    University of South Carolina School of Law professor Seth Stoughton discusses the police response in Ferguson, Missouri, and explains ways the situation could have been handled better. Stoughton argues that any confrontation between officers and citizens should be handled with the long-term relationship between the police and the community in mind.

    5 days ago  /  3 notes

  5. Airplane Seatbacks and the Coase TheoremGeorge Washington University law professor Neil Buchanan comments on the minor nationwide debate over reclining one’s seat on an airplane. Buchanan argues that one reporter’s claim that the debate is “an excellent case study for the Coase Theorem” manifests a fundamental (yet common) misunderstanding of that theorem.

    Airplane Seatbacks and the Coase Theorem

    George Washington University law professor Neil Buchanan comments on the minor nationwide debate over reclining one’s seat on an airplane. Buchanan argues that one reporter’s claim that the debate is “an excellent case study for the Coase Theorem” manifests a fundamental (yet common) misunderstanding of that theorem.

    6 days ago  /  0 notes

  6. Two New Rulings Unmask the Weakness of the Case Against Marriage EqualityCornell University law professor Michael Dorf comments on two recent rulings on state bans on same-sex marriage  Dorf explains how a comparison of these two rulings reveals weaknesses in the case against marriage equality.

    Two New Rulings Unmask the Weakness of the Case Against Marriage Equality

    Cornell University law professor Michael Dorf comments on two recent rulings on state bans on same-sex marriage  Dorf explains how a comparison of these two rulings reveals weaknesses in the case against marriage equality.

    1 week ago  /  3 notes

  7. Is Bitcoin Money?University of Washington law professor Anita Ramasastry discusses the crypto-currency Bitcoin and how different authorities have come to different conclusions as to whether it is money.

    Is Bitcoin Money?

    University of Washington law professor Anita Ramasastry discusses the crypto-currency Bitcoin and how different authorities have come to different conclusions as to whether it is money.

    1 week ago  /  0 notes

  8. Getting Away With Literary FraudJohn Dean, former counsel to the president, comments on a recent Newsweek story by David Cay Johnston highlighting the noted and untruthful biographer C. David Heymann. Dean explains how the dysfunctional body of First Amendment law has allowed Heymann to get away with publishing many lies and false information about a handful of public figures.

    Getting Away With Literary Fraud

    John Dean, former counsel to the president, comments on a recent Newsweek story by David Cay Johnston highlighting the noted and untruthful biographer C. David Heymann. Dean explains how the dysfunctional body of First Amendment law has allowed Heymann to get away with publishing many lies and false information about a handful of public figures.

    1 week ago  /  0 notes

  9. The RFRA Is Teaching Legislators to Deny AccommodationsCardozo law professor Marci Hamilton describes how granting accommodations under the Religious Freedom Restoration Act (RFRA) is a slippery slope. Hamilton draws upon a recent decision from the U.S. Court of Appeals for the Fifth Circuit for illustration.

    The RFRA Is Teaching Legislators to Deny Accommodations

    Cardozo law professor Marci Hamilton describes how granting accommodations under the Religious Freedom Restoration Act (RFRA) is a slippery slope. Hamilton draws upon a recent decision from the U.S. Court of Appeals for the Fifth Circuit for illustration.

    1 week ago  /  0 notes

  10. Examining the 6th Amendment Right to Self-RepresentationCornell University law professor Sherry Colb considers whether a person should have a right to self-representation in criminal proceedings. Colb describes a recent decision by the U.S. Court of Appeals for the Seventh Circuit on the issue and discusses why such a right might be valuable.

    Examining the 6th Amendment Right to Self-Representation

    Cornell University law professor Sherry Colb considers whether a person should have a right to self-representation in criminal proceedings. Colb describes a recent decision by the U.S. Court of Appeals for the Seventh Circuit on the issue and discusses why such a right might be valuable.

    2 weeks ago  /  0 notes

  11. Are “Advisory” Measures” Permitted on the California Ballot?
UC Davis law professor Vikram David Amar discusses a recent decision by the California Supreme Court temporarily blocking an “advisory” measure from appearing on the ballot.

    Are “Advisory” Measures” Permitted on the California Ballot?

    UC Davis law professor Vikram David Amar discusses a recent decision by the California Supreme Court temporarily blocking an “advisory” measure from appearing on the ballot.

    2 weeks ago  /  0 notes

  12. Understanding Why Cash Payments to College Athletes Is a Bad Idea
George Washington University law professor and economist Neil Buchanan explains why cash payments to college athletes does not solve the problems plaguing college athletics.

    Understanding Why Cash Payments to College Athletes Is a Bad Idea

    George Washington University law professor and economist Neil Buchanan explains why cash payments to college athletes does not solve the problems plaguing college athletics.

    2 weeks ago  /  0 notes

  13. Video-Recording Police–Citizen Encounters Is Necessary but Not EnoughIn light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens.

    Video-Recording Police–Citizen Encounters Is Necessary but Not Enough

    In light of recent events in Ferguson, Missouri, Cornell University law professor Michael Dorf weighs the benefits and costs of equipping police officers with wearable cameras to record encounters with citizens.

    3 weeks ago  /  1 note

  14. The Reclamation of TortureGuest columnist and professor of law and government at Cornell University, Joseph Margulies discusses the use of the term “torture” in American media and the public sphere. Margulies describes the change in language after 9/11 and explains the significance of the word’s return to the public’s vocabulary.

    The Reclamation of Torture

    Guest columnist and professor of law and government at Cornell University, Joseph Margulies discusses the use of the term “torture” in American media and the public sphere. Margulies describes the change in language after 9/11 and explains the significance of the word’s return to the public’s vocabulary.

    3 weeks ago  /  1 note

  15. Who Is Abusing Power: Rick Perry or Michael McCrum, His Special Prosecutor?John Dean, former counsel to the president, comments on the recent indictment of Texas Governor Rick Perry. Dean cautions against falling for Perry’s and even some Democrats’ quick dismissal of the indictment as politically motivated and lacking sufficient basis. Dean argues that only Perry, not his special prosecutor, may have abused his power.

    Who Is Abusing Power: Rick Perry or Michael McCrum, His Special Prosecutor?

    John Dean, former counsel to the president, comments on the recent indictment of Texas Governor Rick Perry. Dean cautions against falling for Perry’s and even some Democrats’ quick dismissal of the indictment as politically motivated and lacking sufficient basis. Dean argues that only Perry, not his special prosecutor, may have abused his power.

    3 weeks ago  /  0 notes