1. What Counts as an Abortion, and Does It Matter?Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.

    What Counts as an Abortion, and Does It Matter?

    Cornell University law professor Sherry Colb discusses the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc., and the nature of the respondents’ claim that IUDs and morning-after pills are abortifacients. Colb analogizes to the distinction between the culpability of direct violence and failure to rescue in order to illustrate that the respondents’ claims are moral rather than factual in basis.

    6 hours ago  /  1 note

  2. New Pregnancy Discrimination Guidance From the EEOCHofstra University law professor Joanna Grossman discusses the Equal Employment Opportunity Commission (EEOC)’s new Enforcement Guidance on pregnancy discrimination. She describes how the new Guidance serves to help pregnant women begin work, continue working, and return to work throughout the reproductive process. 

    New Pregnancy Discrimination Guidance From the EEOC

    Hofstra University law professor Joanna Grossman discusses the Equal Employment Opportunity Commission (EEOC)’s new Enforcement Guidance on pregnancy discrimination. She describes how the new Guidance serves to help pregnant women begin work, continue working, and return to work throughout the reproductive process. 

    1 day ago  /  0 notes

  3. Banning the Export of American OilChapman University law professor Ronald Rotunda discusses why Congress should eliminate the federal ban on the export of American oil. Rotunda provides a background on the history of the Export Clause of the U.S. Constitution and explains why the original rationale for banning the export of oil no longer supports the continued ban today.

    Banning the Export of American Oil

    Chapman University law professor Ronald Rotunda discusses why Congress should eliminate the federal ban on the export of American oil. Rotunda provides a background on the history of the Export Clause of the U.S. Constitution and explains why the original rationale for banning the export of oil no longer supports the continued ban today.

    2 days ago  /  0 notes

  4. Federal Judge Strikes Down California Death Penalty: What This Could Mean for CaliforniaGuest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.

    Federal Judge Strikes Down California Death Penalty: What This Could Mean for California

    Guest columnist Courtney Minick comments on a recent decision by a federal district court judge striking down California’s death penalty. Minick describes the court’s reasoning and considers its possible implications.

    5 days ago  /  0 notes

  5. Why Justice Kennedy’s Concurring Opinion May Be Key in Hobby LobbyU.C. Davis School of Law professor Vikram David Amar explains why Justice Kennedy’s concurring opinion in Burwell v. Hobby Lobby Stores Inc. deserves heightened attention and weight. In this first of a two-part series of columns, Amar provides background on the roles and types of concurring opinions in 5-4 decisions and provides some historical examples of some key concurrences.

    Why Justice Kennedy’s Concurring Opinion May Be Key in Hobby Lobby

    U.C. Davis School of Law professor Vikram David Amar explains why Justice Kennedy’s concurring opinion in Burwell v. Hobby Lobby Stores Inc. deserves heightened attention and weight. In this first of a two-part series of columns, Amar provides background on the roles and types of concurring opinions in 5-4 decisions and provides some historical examples of some key concurrences.

    5 days ago  /  0 notes

  6. Does Hobby Lobby All But Require Companies to Find Religion?George Washington University law professor and economist Neil Buchanan discusses the U.S. Supreme Court’s Hobby Lobby decision, particularly whether it effectively compels all companies to adopt beliefs to increase profits and fulfill their fiduciary duties to their owners.

    Does Hobby Lobby All But Require Companies to Find Religion?

    George Washington University law professor and economist Neil Buchanan discusses the U.S. Supreme Court’s Hobby Lobby decision, particularly whether it effectively compels all companies to adopt beliefs to increase profits and fulfill their fiduciary duties to their owners.

    6 days ago  /  1 note

  7. How to Fix the Religious Freedom Restoration ActCornell University law professor Michael Dorf proposes eight different options for fixing the Religious Freedom Restoration Act (RFRA). Dorf suggests that open discussion of what was wrong with the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc. can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

    How to Fix the Religious Freedom Restoration Act

    Cornell University law professor Michael Dorf proposes eight different options for fixing the Religious Freedom Restoration Act (RFRA). Dorf suggests that open discussion of what was wrong with the U.S. Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores Inc. can inform the public and opinion leaders about how to fix RFRA when the opportunity arises.

    1 week ago  /  4 notes

  8. A Review of “Ethel Sings: The Unsung Song of Ethel Rosenberg”Rodger Citron, associate dean for academic affairs and professor of law at Touro Law Center, offers an insightful review of “Ethel Sings: The Unsung Song of Ethel Rosenberg.” Citron explains the history of Julius and Ethel Rosenberg and offers his perspective on the strengths and shortcomings of the recent Off-Broadway show.

    A Review of “Ethel Sings: The Unsung Song of Ethel Rosenberg”

    Rodger Citron, associate dean for academic affairs and professor of law at Touro Law Center, offers an insightful review of “Ethel Sings: The Unsung Song of Ethel Rosenberg.” Citron explains the history of Julius and Ethel Rosenberg and offers his perspective on the strengths and shortcomings of the recent Off-Broadway show.

    1 week ago  /  0 notes

  9. Grounding the No-Fly List: Part Two of a Three-Part Series of ColumnsJohn W. Dean, former counsel to the president, continues his discussion of the U.S. government’s No-Fly List. In this second of a three-part series of columns, Dean focuses on the constitutional implications of the No-Fly List: deprivation, without due process, of one’s right to travel internationally and one’s reputation interest.

    Grounding the No-Fly List: Part Two of a Three-Part Series of Columns

    John W. Dean, former counsel to the president, continues his discussion of the U.S. government’s No-Fly List. In this second of a three-part series of columns, Dean focuses on the constitutional implications of the No-Fly List: deprivation, without due process, of one’s right to travel internationally and one’s reputation interest.

    1 week ago  /  0 notes

  10. Wheaton College Queues Up to Deny Contraceptive CoverageCardozo Law professor Marci Hamilton discusses Wheaton College’s request to receive accommodation under the Religious Freedom Restoration Act (RFRA) to avoid providing some reproductive coverage for its female employees.

    Wheaton College Queues Up to Deny Contraceptive Coverage

    Cardozo Law professor Marci Hamilton discusses Wheaton College’s request to receive accommodation under the Religious Freedom Restoration Act (RFRA) to avoid providing some reproductive coverage for its female employees.

    1 week ago  /  0 notes

  11. The 10th Cir. Rules Utah’s Ban on Same-Sex Marriage UnconstitutionalHofstra University law professor Joanna Grossman discusses a recent decision by the U.S. Court of Appeals for the Tenth Circuit upholding a lower court’s invalidation of a Utah ban on same-sex marriage.

    The 10th Cir. Rules Utah’s Ban on Same-Sex Marriage Unconstitutional

    Hofstra University law professor Joanna Grossman discusses a recent decision by the U.S. Court of Appeals for the Tenth Circuit upholding a lower court’s invalidation of a Utah ban on same-sex marriage.

    2 weeks ago  /  0 notes

  12. Changes in the Legal Profession & the Progress of Female LawyersChapman University law professor Ronald Rotunda comments on recent changes in the legal profession and specifically on the progress of female lawyers. In assessing the changes within the industry, Rotunda calls for deeper inquiry into the reason that female attorneys receive lower compensation within their profession.

    Changes in the Legal Profession & the Progress of Female Lawyers

    Chapman University law professor Ronald Rotunda comments on recent changes in the legal profession and specifically on the progress of female lawyers. In assessing the changes within the industry, Rotunda calls for deeper inquiry into the reason that female attorneys receive lower compensation within their profession.

    2 weeks ago  /  0 notes

  13. Why Laffer Lingers: Tax Cut Snake Oil Is Still for SaleGeorge Washington law professor and economist Neil Buchanan explains why large numbers of people continue to believe erroneously that tax cuts result in greater tax revenues. He concludes that the claim that tax cuts are self-financing is only barely plausible as a matter of logic, and it has been disproven over and over again by both conservative and liberal economists alike.

    Why Laffer Lingers: Tax Cut Snake Oil Is Still for Sale

    George Washington law professor and economist Neil Buchanan explains why large numbers of people continue to believe erroneously that tax cuts result in greater tax revenues. He concludes that the claim that tax cuts are self-financing is only barely plausible as a matter of logic, and it has been disproven over and over again by both conservative and liberal economists alike.

    2 weeks ago  /  5 notes

  14. Rejecting Political Deadlock as a Basis for Recess AppointmentsCornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.

    Rejecting Political Deadlock as a Basis for Recess Appointments

    Cornell University law professor Michael Dorf comments on the U.S. Supreme Court’s recent decision in NLRB v. Noel Canning, in which the Court unanimously invalidated President Obama’s 2012 appointment of three members of the National Labor Relations Board. Dorf argues that the Court’s rejection of political deadlock as a basis for recess appointments could prove to be an important weapon anytime the majority in the Senate is actively hostile to the President.

    3 weeks ago  /  1 note

  15. The Supreme Court Updates the Fourth AmendmentCornell University law professor Sherry Colb discusses a recent case decided by the U.S. Supreme Court, Riley v. California, in which the Court nearly unanimously held that police may not examine the digital contents of an arrestee’s cell phone as part of a search incident to arrest. Colb praises the Court for decisively embracing Fourth Amendment protection for digital privacy.

    The Supreme Court Updates the Fourth Amendment

    Cornell University law professor Sherry Colb discusses a recent case decided by the U.S. Supreme Court, Riley v. California, in which the Court nearly unanimously held that police may not examine the digital contents of an arrestee’s cell phone as part of a search incident to arrest. Colb praises the Court for decisively embracing Fourth Amendment protection for digital privacy.

    3 weeks ago  /  1 note