Legal Grounds for an Impeachment Investigation of the President

12/7/17  //  Commentary

By Ron Fein et al: Based on publicly reported information, as of today there are at least eight grounds for the House to authorize the Judiciary Committee to begin hearings on whether to impeach President Donald J. Trump.

Take Care

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

What Masterpiece Cakeshop is Really About

12/6/17  //  In-Depth Analysis

The Alliance Defending Freedom, which represents Masterpiece Cakeshop, is not interested in a narrow exemption. Rather, ADF is taking aim at the very legitimacy of LGBT people and legal protections for them.

Douglas NeJaime

Yale Law School

Reva Siegel

Yale Law School

President Trump's Assault on the Antiquities Act

12/5/17  //  Commentary

On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.

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.

Trump’s Newest Attack on the Rule of the Law

12/4/17  //  Commentary

Trump isn’t just reckless, and he doesn’t just seem to think he is above the law. He has an authoritarian’s hostility to the very idea of a principled inquiry into the truth.

David Sklansky

Stanford Law School

Versus Trump: Trump The Trustbuster (Interview with Lina Khan)

11/30/17  //  In-Depth Analysis

On this week’s episode of Versus Trump, Charlie has an interview with antitrust expert Lina Khan, Director of Legal Policy of the Open Markets Institute, about the lawsuit filed by the Trump Administration to block the proposed AT&T/Time Warner merger. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Net Neutrality as a Response to the Potential Harms of Vertical Integration

11/30/17  //  Commentary

The case for net neutrality comes down a pithy adage: Trust [that carriers won’t violate net neutrality principles], but verify [compliance through enforceable rules]

Tejas Narechania

UC Berkeley School of Law

Net Neutrality

11/28/17  //  In-Depth Analysis

Where did the existing rules come from? What do these rules accomplish? And what effect might their repeal have?

Tejas Narechania

UC Berkeley School of Law

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

Antitrust After the Fall

11/21/17  //  In-Depth Analysis

Trump has needlessly created many reasons to look skeptically on DOJ's justified, important lawsuit to prevent AT&T and Times Warner from merging.

Eric Citron

Goldstein & Russell

DOJ Will No Longer Assist Covered Entities in Understanding the Law

11/21/17  //  Latest Developments

The new approach does not mean the DOJ will no longer make policy. It just means the Department will no longer tell covered entities and protected individuals what those policies are.

Eve Hill

Brown Goldstein & Levy

Versus Trump: Borderline Searches + Response To First Mondays

11/16/17  //  Commentary

On this week’s episode of Versus Trump, Jason and Charlie discuss a new lawsuit that forces courts to answer the question of whether the federal government needs a warrant to search people's electronic devices at the U.S. border, and they also respond to a discussion on the Supreme Court podcast First Mondays regarding the government's recent filing in the Hargan v. Garza abortion case. Listen now!

Charlie Gerstein

Gerstein Harrow LLP

Jason Harrow

Gerstein Harrow LLP

D.C. and Maryland Have Standing to Sue for Emoluments Clause Violations

11/16/17  //  Commentary

On Tuesday, we and 18 other law professors submitted an amicus brief in federal district court arguing that the District of Columbia and Maryland have standing to pursue their constitutional claims.

Seth Davis

U.C. Irvine School of Law

Daniel Hemel

University of Chicago Law School