//  4/5/18  //  Quick Reactions

While at Harvard Law School on Tuesday, I delivered a talk entitled "The Legal Resistance to Trump."  You can watch it here.  I am grateful to the HLS Forum for hosting this event. 

I had five primary goals in my talk:

(1) to describe respects in which the legal response to Trump is unique; 

(2) to explain why we've already seen such an extraordinary barrage of litigation against Trump;

(3) to identify strategic objectives common to many Trump-related lawsuits; 

(4) to evaluate the judicial response to suits against the Trump Administration; and 

(5) to warn against fantastical expectations that lawyers will save American democracy.

As you'll see, I was less interested in the details of any single litigation than in extrapolating cross-cutting themes, lessons, and strategies from several dozen lawsuits. The talk is a reflection of my ever-evolving perspective on the role that lawyers can (and should) play in seeking to defend democracy in the age of Trump. I hope you enjoy it and I welcome your feedback


Compulsion and Complicity

7/12/18  //  In-Depth Analysis

By Catherine Fisk: The conservative majority's deregulatory use of the First Amendment will weaken it as a safeguard against tyranny

Take Care

Reinvigorating 'Defensive Crouch Liberal Constitutionalism' Part 1: Originalism and Searches

7/11/18  //  Uncategorized

I want to begin exploring ways in which liberals might try to defend what we value in the coming era of Supreme Court extreme conservatism

Michael C. Dorf

Cornell Law School

Elusive Silver Linings & The Deregulatory First Amendment

7/9/18  //  Commentary

Sometimes the oncoming storm is easier to spot than the silver linings.