Who created the Constitution we have today? As a law professor, I’ve always thought the best answer was the framers: James Madison, Alexander Hamilton and the other delegates who attended the Philadelphia convention in the summer of 1787. The Constitution they drafted has since been amended many…

Whether you are religious believer or an atheist, it’s galling to realize that some people are feigning religious objections to Covid-19 vaccines to avoid compliance with mandates. And since the law requires that religious beliefs be “sincere,” it’s tempting to argue for strict policing of the…

The Supreme Court’s decision in the shareholders’ suit against Goldman Sachs over the bank’s transparency was extremely subtle, leaving enough room for both sides to say that they were happy with it. And it did very little, if anything, to make new law. So what were the justices doing, exactly?…

In midtown Manhattan, they’re dancing in the streets. Literally. At the Greek restaurant on W. 44th St. where I ate dinner last week, a live band played on the sidewalk and the space between the sidewalk and the restaurant’s extensive outdoor seating became an impromptu dance floor for dozens of…

A lawsuit in Texas is challenging a hospital’s requirement that its employees get vaccinated against Covid-19 before returning to work. The case isn’t going anywhere, legally speaking. But the central claim is worth examining because it’s at the core of a lot of vaccine hesitation. The Texas…

On New Year’s Eve of 1879, Gilbert and Sullivan’s Pirates of Penzance premiered, featuring lovable corsairs relegated to the eponymous Cornish seaside resort. It marked quite an image makeover from the beginning of the century, when — in 1801 and again in 1815 — the US fought two naval wars in the…

The jury that convicted Derek Chauvin of murdering George Floyd got it right. In the wake of a verdict like this one, it is almost instinctual to suggest that the jury spoke on behalf of the American people, striking a blow for racial justice. But although jury verdicts are often infused with…

The Supreme Court has ruled that Google did not violate Oracle’s copyright when it copied 11,500 lines of JAVA code for its Android operating system. The 6-2 decision followed a long-term trend by reversing a ruling by the US. Court of Appeals for the Federal Circuit, a specialized body that tends…

Friends, Romans, countrymen, law professors: Please stop telling Justice Stephen Breyer to retire. Yes, Breyer is a (healthy) 82. Yes, the Democratic Senate majority is wafer-thin, and it would likely be impossible for President Joe Biden to replace Breyer with another liberal if the Democrats lose…

Jury selection in the criminal trial of Derek Chauvin for the murder of George Floyd is highlighting one of the legal system’s absurdities: its aspiration to choose jurors who are not only neutral but actively uninformed about major public events. The logic is understandable. We don’t want…