Paul Manafort's Many-Flawed Challenge to Prosecutorial Authority

1/4/18  //  Commentary

This lawsuit likely will face early dismissal.

Peter M. Shane

Ohio State, Moritz College of Law

Versus Trump: 2017 Scorecard

1/4/18  //  Uncategorized

On the first episode of Versus Trump of 2018, Jason and Charlie look back at Versus Trump cases in 2017 and score them as Administration wins, losses, or not-yet-decided. They also look ahead at big issues to come in 2018. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Versus Trump: Judges of Christmas Future

12/21/17  //  Commentary

On this week’s Versus Trump holiday spectacular, it's all judges, all the time. Charlie, Jason, and Easha take a closer look at a number of the President's judicial nominees—confirmed, pending, and withdrawn—to examine what might happen to Versus Trump cases in years to come. Listen now!

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

Can a Sitting President be Sued in a State Court?

12/21/17  //  Commentary

A pending defamation suit against President Trump in New York state court raises this important question.

Richard Primus

University of Michigan Law School

Event Announcement! ACS @ AALS January 4th

12/20/17  //  Latest Developments

We'll be having a panel discussion on conventions, norms, and constitutional governance at AALS on Thursday, January 4th.

Leah Litman

Michigan Law School

On Judge Kozinski & Open Secrets

12/13/17  //  Commentary

The Senate’s confirmation process should be attentive to warning signs about nominees’ managerial temperaments.

Charlotte Garden

Seattle University School of Law

Against Deference: Considering the Trump Travel Ban

12/8/17  //  Commentary

By Vicki Jackson & Judith Resnik: Upholding the third travel ban out of deference to the President on matters of foreign affairs would be a tragic mistake.

Take Care

Versus Trump: Trump Versus Anti-Discrimination Laws (with guest Joshua Matz)

12/7/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie, Jason, and Easha are joined by Take Care publisher Joshua Matz to talk about the Masterpiece Cake Shop oral argument, plus the status of Muslim Ban litigation and the future of Take Care.

Easha Anand

San Francisco

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

What’s the Price of Tolerance?

12/7/17  //  Commentary

Robust protection of speech does not require gutting laws that help ensure that all persons—regardless of race, gender, religion, or sexual orientation—can buy the good and services they desire, free from discrimination.

Three Problems With the SG's Klan Hypo in the Masterpiece Cakeshop Oral Argument

12/6/17  //  In-Depth Analysis

If the baker loses in Masterpiece, could the government compel an African American sculptor to sculpt a cross for a Klan service? No, it could not.

Michael C. Dorf

Cornell Law School

Complicity and Speech: The Right’s New Effort to Rewrite the First Amendment

12/4/17  //  In-Depth Analysis

Conservative legal activists have pushed a sweeping view of the First Amendment’s protection against compelled speech. These new complicity claims should fail.

Not So Fast, Mr. President

11/24/17  //  In-Depth Analysis

Under Dodd-Frank, now that Richard Cordray has resigned as Director, the CFPB’s Deputy Director is the Bureau’s acting Director. President Trump may decide he doesn’t care what Dodd-Frank says, but he doesn’t get the final say.

Brianne J. Gorod

Constitutional Accountability Center

Doubling Down on a Deeply Troubling Argument in Masterpiece Cakeshop

11/14/17  //  In-Depth Analysis

Tom Berg and Douglas Laycock defend a novel theory that could eviscerate civil rights laws

Jim Oleske

Lewis & Clark Law School

The First Amendment Does Not Give Commercial Businesses a License to Discriminate

11/1/17  //  In-Depth Analysis

In Masterpiece, the Petitioner's argument would wreak havoc on long established First Amendment principles, giving businesses a right to disregard content-neutral regulations of their conduct

Religious Freedom and the Masterpiece Case

10/31/17  //  In-Depth Analysis

Robbie Kaplan and I have filed a brief on behalf of Church-State Scholars addressing the Free Exercise Clause issues in this important case.