17 Oct 2014

How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era

Cornell University law professor Michael Dorf highlights similarities and differences between the U.S. Supreme Court’s inaction during the Civil Rights Era and presently, with regard to the issue of same-sex marriage. Continue reading →

How the Supreme Court’s Inaction on Same-Sex Marriage Echoes Its Conduct in the Civil Rights Era [ 9:55 ] Play Now | Play in Popup | Download (140)

Posted In: Civil Rights, Constitutional Law

Analysis and Commentary by Michael C. Dorf

8 Oct 2014 Michael C. Dorf

Containing Ebola: Quarantine and the Constitution

Cornell University law professor Michael Dorf discusses the constitutional basis for, and limitations on, the quarantine of individuals for public health purposes, such as to prevent the spread of Ebola. Continue reading →

Containing Ebola: Quarantine and the Constitution [ 9:29 ] Play Now | Play in Popup | Download (212)

Posted In: Constitutional Law, Health Law

24 Sep 2014 Michael C. Dorf

Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede

Cornell University law professor Michael Dorf discusses Scotland’s recent vote to stay in the UK and considers the broader question of when secession votes should be held, as a matter of international and domestic law. Continue reading →

Scotland’s Vote to Stay in the UK Raises the Question of When Other Groups Should Have the Chance to Secede [ 10:11 ] Play Now | Play in Popup | Download (263)

Posted In: International Law

10 Sep 2014 Michael C. Dorf

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—one by the U.S. District Court for the District of Louisiana upholding that state’s ban and the other by the U.S. Court of Appeals for the Seventh Circuit striking down bans in Indiana and Wisconsin. Dorf explains how a comparison of these two rulings reveals weaknesses in the case against marriage equality. Continue reading →

Two New Rulings Unmask the Weakness of the Case Against Marriage Equality [ 10:31 ] Play Now | Play in Popup | Download (325)

Posted In: Civil Rights, Constitutional Law, Family Law

27 Aug 2014 Michael C. Dorf

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. Dorf concludes that while there are some risks inherent in the practice, it would be a good first step toward reducing the frequency of tragedies resulting from police–citizen confrontations. Continue reading →

Video-Recording Police–Citizen Encounters Is Necessary but Not Enough [ 7:28 ] Play Now | Play in Popup | Download (277)

Posted In: Criminal Law, Criminal Procedure, Privacy

13 Aug 2014 Michael C. Dorf

Academic Freedom in the Salaita Case

Cornell University law professor Michael Dorf discusses a recent decision by the University of Illinois at Urbana-Champaign to revoke an offer to Steven G. Salaita of a tenured faculty appointment after Salaita tweeted strong criticism of Israel’s conduct in Gaza. Dorf explains why the University’s decision presents serious issues of academic freedom and free speech, and even contract law. Continue reading →

Academic Freedom in the Salaita Case [ 11:58 ] Play Now | Play in Popup | Download (359)

Posted In: Constitutional Law, Employment Law, Speech and Religion

28 Jul 2014 Michael C. Dorf

Federal Appeals Courts Divide Over Obamacare Subsidies—and Over “Textualism”

Cornell University law professor Michael Dorf discusses two federal appeals courts’ recent diverging decisions over Obamacare subsidies. Dorf contrasts the method of statutory interpretation used by the majority of a panel of the U.S. Court of Appeals for the D.C. Circuit, which struck down the subsidies, with that of the Court of Appeals for the Fourth Circuit, which upheld them. Continue reading →

Federal Appeals Courts Divide Over Obamacare Subsidies—and Over “Textualism” [ 12:13 ] Play Now | Play in Popup | Download (269)

Posted In: Courts and Procedure, Health Law

16 Jul 2014 Michael C. Dorf

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. Continue reading →

How to Fix the Religious Freedom Restoration Act [ 13:31 ] Play Now | Play in Popup | Download (292)

Posted In: Civil Rights, Constitutional Law, Speech and Religion

2 Jul 2014 Michael C. Dorf

Did the Supreme Court Err by 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 discusses the differences between rationales and implications of the five-Justice majority opinion authored by Justice Breyer and those of the four-Justice concurrence authored by Justice Scalia. 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. Continue reading →

Did the Supreme Court Err by Rejecting Political Deadlock as a Basis for Recess Appointments? [ 15:03 ] Play Now | Play in Popup | Download (238)

Posted In: Constitutional Law, Government, Politics

18 Jun 2014 Michael C. Dorf

How Secular Liberals Should Talk to Religious Conservatives

Cornell University law professor Michael Dorf suggests how secular liberals might constructively communicate with religious conservatives. Dorf notes that respectful engagement with others whose religious views differ from one’s own tends to lead to more productive conversations than do humiliation or ridicule. Continue reading →

How Secular Liberals Should Talk to Religious Conservatives [ 7:41 ] Play Now | Play in Popup | Download (265)

Posted In: Philosophy and Ethics, Speech and Religion