Cornell law professor Michael Dorf explains why government officials around the country feel compelled to permit Festivus poles as part of their official holiday celebrations. How did we get to this point? The short answer, Dorf explains, is that Festivus poles in state capitols are an unexpected side effect of the Supreme Court’s Establishment Clause jurisprudence.
George Washington law professor Neil Buchanan comments on the Republicans’ recent extreme negotiating strategies, and suggests more moderate approaches that might well be much more fruitful, if the parties were to negotiate in good faith and genuinely seek compromise.
Hofstra law professor Joanna Grossman comments on the U.S. Senate’s passage of the Employment Discrimination Act (ENDA) of 2013, which would prohibit employers from discriminating on the basis of sexual orientation or gender identity.
Cornell Law's Peter Martin has a new post up on his blog, Citing Legally: " . . . increasing delays [in attachment of official volume and page numbers] cast a widening ripple of costs on the federal judiciary, the services that distribute case law, and the many who need to cite it."
Cornell law professor Michael Dorf explains the politics behind filibuster reform, in the wake of the elimination of the rule requiring a supermajority vote to end debate on presidential nominations to the lower federal courts and executive offices. What do you think about filibuster reform?
Cornell law professor Sherry Colb considers important ways in which fetal-protection laws both resemble, and differ from, abortion laws, along with the implications that such differences might have for the relative legitimacy of fetal-protection legislation.
U.C. Davis law professors Vikram David Amar & Alan Brownstein comment on the Supreme Court oral argument in the Town of Greece v. Galloway. The case involves the interesting issue of the constitutionality of prayer at town board meetings.