Legal Commentary: Sherry Colb Archive


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THE NEW FACE OF RACIAL PROFILING:
HOW TERRORISM AFFECTS THE DEBATE

FindLaw columnist and Rutgers law professor Sherry Colb explains how the debate on racial profiling may change when the profiling is designed to find not drug dealers, but terrorists. Colb also considers the role the Korematsu decision -- in which the Supreme Court upheld World War II Japanese internment camps -- may play in the debate.
Wednesday, Oct. 10, 2001

NOT BY COURAGE ALONE:
WHY ALTRUISM AND LOVE SHOULD DEFINE OUR HEROES

FindLaw columnist and Rutgers law professor Sherry Colb contends that the meaning of courage is often misconceived when we discuss the terrorist acts of September 11. Colb suggests that bravery is not enough by itself; fear is no vice; and altruism and love are the qualities that should primarily define our heroes.
Wednesday, Sep. 26, 2001

BRITAIN'S NEW BAN ON PROSTITUTE ADVERTISING:
A "DON'T ASK, DON'T TELL" POLICY AND THE SIGNIFICANCE OF SECRECY

FindLaw columnist and Rutgers law professor Sherry Colb discusses the significance of a policy that prostitution can occur but cannot be advertised -- the policy of both Britain and Nevada cities where prostitution is legal. Colb analogizes this kind of policy to other "don't ask, don't tell" rules, explaining what they have in common and why they are troubling.
Wednesday, Sep. 12, 2001

IS CRUELTY TO ANIMALS THE MERE DESTRUCTION OF PROPERTY? THE HIGHWAY DOG-KILLING AND ANIMAL RIGHTS
FindLaw columnist and Rutgers law professor Sherry Colb strongly disagrees with those who have criticized the criminal sentence imposed in the Burnett case, in which a driver responded to being bumped on the highway by throwing the other driver's dog into traffic, killing the dog. Colb argues that Burnett's conduct warranted a sentence, and that the law errs when it treats pets as merely the owner's property.
Wednesday, Aug. 29, 2001

A PROPOSED MORATORIUM ON HIGHWAY CONSENT SEARCHES: ONE WAY TO FIGHT RACIAL PROFILING
FindLaw columnist and Rutgers law professor Sherry Colb discusses the proposal of a moratorium on highway consent searches that's currently an issue in the New Jersey gubernatorial race. Colb explains why stopping highway consent searches protects drivers in two ways: It prevents them from giving up Fourth Amendment rights they may not even know they have, and it may also save them from racial profiling.
Wednesday, Aug. 15, 2001

THE STEM CELL DEBATE: WHY BOTH SIDES OF THE CONTROVERSY ARE AT ODDS WITH THE "PRO-LIFE" POSITION
FindLaw columnist and Rutgers law professor Sherry Colb reflects on issues raised by the recent stem cell research hearings, including the implications for this debate on the question of whether an embryo should be considered a person. Colb explains why the belief that an embryo is a person logically necessitates opposition to the in vitro fertilization process that creates frozen embryos, as well as the use of these embryos in research.
Wednesday, Aug. 01, 2001

WISCONSIN SUPREME COURT REQUIRES DEADBEAT DAD TO REFRAIN FROM PROCREATING: DOES THIS VIOLATE THE CONSTITUTION?
FindLaw columnist and Rutgers law professor Sherry Colb discusses a recent Wisconsin Supreme Court decision upholding an unusual probation condition -- one that requires a "deadbeat dad" to refrain from procreating until he proves he can support his nine current, and any future, children. Colb explains that while this decision may, on first impression, sound unconstitutional and indefensible, that is not necessarily the case.
Wednesday, Jul. 18, 2001

WHY ANDREA YATES DESERVES COMPASSION, NOT EXECUTION
FindLaw columnist and Rutgers law professor Sherry Colb acknowledges the gravity of Andrea Yates' murder of her five chidren, but contends that Yates, because of her post-partum psychotic condition, deserves our compassion -- not the death penalty that is being sought for her crimes.
Wednesday, Jul. 04, 2001

JUSTICE FOR THE VICTIMS: HOW THE DEATH PENALTY INJURES SURVIVORS
FindLaw columnist and Rutgers law professor Sherry Colb considers a significant but little-discussed effect of our death penalty system. Under the law, Colb explains, death, unlike other punishments, must be only selectively imposed. As a result, for every case like McVeigh's, where some surviving relatives find consolation in an execution, there will be many others where survivors feel emptyhanded because their beloved's murder has not been deemed worthy of the penalty.
Wednesday, Jun. 20, 2001

WHY THE SENATE SHOULD REFUSE EVEN TO CONSIDER THE UNBORN VICTIMS OF VIOLENCE ACT OF 2001
FindLaw columnist and Rutgers law professor Sherry Colb discusses the Unborn Victims of Violence Act -- a bill that, if enacted, would criminalize the killing of an unborn child during the commission of a separate federal crime. Colb points to a little-noted facet of the bill that she contends is so unjust that the Senate should either eliminate it, or refuse to consider the bill at all.
Wednesday, Jun. 06, 2001

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