//  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


Recognizing a Damages Remedy for Cross-Border Shootings

10/15/19  //  In-Depth Analysis

In Hernandez v. Mesa, the Supreme Court should hold that victims of cross-border shootings have a cause of action to seek damages against law enforcement officers who violate the Constitution

Sex Discrimination Behind the Veil Is Still Sex Discrimination

10/11/19  //  Commentary

Even if an employer were to impose a purportedly neutral rule that he did not hire people attracted to the same sex, in practice, that rule would impose two discriminatory sex-based rules

Amanda Shanor

The Wharton School

Versus Trump: Uncle Charlie's Comity Hour

10/10/19  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the major recent decision dismissing the President's attempt to block his accounting firm from turning over his tax returns to the Manhattan DA. Listen now!

Charlie Gerstein

Civil Rights Corps