Recent | Take Care

Guantánamo and President Trump’s Anti-Muslim Animus

By Nimra Azmi and Sirine Shebaya: Trump's position on Guantánamo perfectly aligns with his habitual rejection of the idea that Muslims accused of terrorism are entitled to any constitutional protections

Take Care

Donald Trump's New Intelligence Slush Fund

1/22/18 // Commentary

The continuing resolution that was signed by President Trump contains a provision that permits his intelligence agencies to spend billions of dollars on anything they want, without having to inform Congress about what they are doing. This seems like a bad idea.

Ian Samuel

Harvard Law School

Versus Trump: DACA's Back!

1/18/18 // Commentary

On a new episode of Versus Trump, Easha, Jason, and Charlie discuss the big decision that forced the Trump Administration to restart the DACA immigration program. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Easha Anand

San Francisco

Jason Harrow

Gerstein Harrow LLP

Polarization, Deregulation, and Situational Legalism

1/16/18 // Commentary

Highlights from a recent conference on deregulation in the Trump era

Zachary Price

U.C. Hastings College of the Law

Trump’s Racism

1/16/18 // Commentary

In increasingly vile and shocking ways, Trump has proven himself an unreformed racist on the model of the authors of Massive Resistance.

Richard Thompson Ford

Stanford Law School

Bias and Privilege: The Two Sides of Racism

1/15/18 // Commentary

Racial bias and white privilege both contribute to racism. To our country’s great detriment, Trump has displayed both of them.

Caroline Mala Corbin

UMiami Law

The Integrity Of The Net Neutrality Record And Deference

1/12/18 // Commentary

The FCC was targeted for a misinformation campaign and then relied upon an uncorrected record to support its order undoing net neutrality protections. That might matter.

Tejas Narechania

UC Berkeley School of Law

Why Enjoining DACA’s Cancellation Is Wrong

1/12/18 // Commentary

This decision, however attractive as a matter of policy, strikes me as mistaken under the law. It warrants swift reversal by higher courts.

Zachary Price

U.C. Hastings College of the Law

The Overlap Between Impeachment and the 25th Amendment

1/9/18 // Commentary

These are different mechanisms for achieving overlapping goals.

Michael C. Dorf

Cornell Law School

Trump Threat To Sue Over 'Fire & Fury' Includes Bogus Inducement to Breach Claim Re Bannon

1/8/18 // Commentary

Can the author or publisher of a book be held liable for inducing the breach of a nondisclosure agreement (NDA)? Spoiler alert: The answer is almost certainly no.

Michael C. Dorf

Cornell Law School

You’re So Vain … You Probably Think This Book’s About You

1/8/18 // Commentary

An introduction to this week's symposium on my new book, 'Constitutional Coup: Privatization’s Threat to the American Republic'

Jon D. Michaels

UCLA School of Law

The FCC's Net Neutrality Two Step

1/5/18 // Commentary

The agency’s conflicting rationales seem largely arbitrary. Moreover, its action abandons a longstanding bipartisan consensus favoring net neutrality.

Tejas Narechania

UC Berkeley School of Law

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

District Court Tries Too Hard To Duck Emoluments Clause Case

12/27/17 // Commentary

I did not expect that a federal district judge would simply fail to apply the law that currently binds him. Yet that's more or less what Judge Daniels did in dismissing the CREW emoluments case.

Michael C. Dorf

Cornell Law School

What Will You Do if Mueller is Fired?

12/23/17 // Commentary

If your tendency, like mine, is to deliberate when called to action, my humble suggestion is simply this: Deliberate now. Reflect on what you will do now. Decide now.

Andrew Crespo

Harvard Law School