#MeToo Paper Spotlight (Part II)

4/23/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

The Perils of National Security Exceptionalism

4/23/18  //  Commentary

Whatever side the Court takes in the travel ban litigation, it should renounce national security exceptionalism

Ingrid Brunk Wuerth

Vanderbilt Law School

Ganesh Sitaraman

Vanderbilt Law School

Just How Many Billions of Dollars Are at Stake in the Litigation over Cost-Sharing Payments?

4/20/18  //  Commentary

The Court of Federal Claims has certified a class action brought by insurers to recover the cost-sharing payments that President Trump unceremoniously terminated. Its rationale suggests that the United States could be held liable for tens of billions of dollars.

Nick Bagley

University of Michigan Law School

Versus Trump: The View From 10,000 Feet (Joshua Matz Speech)

4/19/18  //  Commentary

On a new episode of Versus Trump, we bring you a podcast version of the speech that Take Care publisher Joshua Matz gave at Harvard Law School on April 3, 2018. The talk, titled "The Legal Resistance to Trump," describes themes, achievements, and limitations of various lawsuits challenging the Trump Administration and its policies. Listen now!

Jason Harrow

Gerstein Harrow LLP

Our Constitution Forbids a Religious Test for Immigration

4/19/18  //  Commentary

The Supreme Court should strike down Trump’s travel ban.

#MeToo Paper Spotlight (Part I)

4/16/18  //  Commentary

This post, which highlights an academic paper related to #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

Remedial Convergence and Collapse

4/11/18  //  Commentary

The Supreme Court's recent summary reversal in Kisela v. Hughes demonstrates some serious issues with the Court's approach to remedies in cases of executive violations of constitutional rights.

Leah Litman

Michigan Law School

#MeToo Series: When Will #MeToo Become #WeToo?

4/9/18  //  Commentary

This post, which addresses collective responsibility for #MeToo, is part of a series on #MeToo, sex discrimination, and possible solutions that amount to more than quick fixes.

Leah Litman

Michigan Law School

Requiem for Reinhardt, Chief Justice of the Warren Court in Exile

4/6/18  //  Commentary

Reinhardt kept alive a powerful vision of the Constitution

Michael C. Dorf

Cornell Law School

Versus Trump: The Citizenship Question

4/5/18  //  Commentary

On a new episode of Versus Trump, Jason and Easha discuss lawsuits challenging the Trump Administration's decision to ask a question about citizenship on the 2020 census. Listen now!

Jason Harrow

Gerstein Harrow LLP

Easha Anand

San Francisco

#MeToo & Legal-Institutional Reform (Part III-Melanie Kohler)

4/5/18  //  Commentary

This post, which addresses retaliatory lawsuits against accusers, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

Michigan Law School

The NLRB’s Recusal SNAFUsal

4/5/18  //  Commentary

How Trump's appointees to the NLRB are rushing to judgment and undermining fair process.

Charlotte Garden

Seattle University School of Law

#MeToo & Legal-Institutional Reform (Part II-Claire Foy)

4/3/18  //  Commentary

This post, which addresses enforcement mechanisms, is part of a series on #MeToo, sex discrimination, and possible solutions that are more than quick fixes.

Leah Litman

Michigan Law School

Census Smoke Signals

3/29/18  //  Commentary

Where there is smoke, there is usually a fire

Jennifer Nou

University of Chicago Law School

Trump is Running on Animus Autopilot

3/28/18  //  Commentary

We thus live in a strange new world, where bigots serve openly and soldiers are forced into closets.