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This story was originally published on The Conversation, and later re-published on The Fulcrum. Recent allegations regarding stock trading by members of Congress in the middle of the Covid-19 pandemic have raised calls for the investigation of these politicians for illegal "insider trading." But successful prosecutions would be very difficult. Even federal judges struggle with writing clear instructions to jurors in insider trading cases. Often, verdicts are reversed on appeal due to errors i

Last week President Trump announced that he will be making the "toughest decision" of not just his presidency but his life: When and how to open our Covid-ravaged country again. During the same week, Dr. Fauci fanned media flames by stating that there was "push back" to his recommendations to shut down the economy back in February, yet admitted he solely assesses information from a health perspective. Herein lies the rub. This is not a life and death decision, but a death and more death and

Originally published on The Fulcrum. Enactment of the Voting Rights Act in 1965 remains a celebrated landmark in American history. It's time to celebrate the law's potential anew by making some big changes in how state legislatures are elected. My home state of Virginia illustrates the merits of doing so. First, a quick refresher course: The law enacted 55 years ago put an end to literacy tests, poll taxes and a host of other discriminatory practices that had kept minority voters from gaining

Originally published on The Fulcrum. Bernie Sanders ending his campaign, obviating the need for more Democratic presidential primaries, is the biggest news of the week about keeping democracy safe during the coronavirus pandemic. The Vermont senator dropped out Wednesday, hours after the end of a chaotic day of primary voting in Wisconsin that went ahead on schedule even though a federal court is keeping the results sealed until next week. Florida's local election officials and Democrats in T

“For a virus which thrives on destroying humanity, Covid-19 might just accomplish the opposite,  reignite our humanity and respect for one another.” The Covid-19 news has been so continually grim, it’s brought us pain on many fronts including the loss of life, liberty, and meaningful human interaction, but maybe unexpectedly, the virus is also forcing us to radically examine our everyday lives, which will in turn, have lasting and important impacts on our communities far into the future. Hab

‘Anger.’ ‘Frustration.’ ‘Controversy.’ ‘Chaos.’ Those were among the words used to describe Tuesday’s Wisconsin primary as voters were given a choice: Risk their health to vote in-person or have no voice in the 2020 primaries. Approximately 2,500 National Guardsmen were called in to man the polls Tuesday as voters lined up, most wearing face masks as they tried their best to practice social distancing while they waited to cast a ballot. https://twitter.com/OmarJimenez/status/12475002029210787

In case you hadn’t heard, COVID-19 has disrupted the economy perhaps more than any other singular event in history. Here are three metrics to get a sense of the damage. 1. Goldman Sachs originally forecast a 24% contraction in United States GDP during the second quarter, then revised its calamitous projection up to 34%. That’s a worse contraction in productivity than the U.S. experienced over three years of the Great Depression from 1930 to 1933 (-29%). 2. U.S. Non-farm payrolls officially p

Originally published on The Fulcrum. Sarat is a professor of jurisprudence and political science at Amherst College. Responding to its place at the center of the coronavirus pandemic, New York has now joined 13 other states in postponing presidential primaries. Where elections have gone forward, fears of disease exposure have depressed same-day turnout. President Trump is exercising broad emergency powers. Though masked by last week's votes for the economic rescue package, the political syste

Originally published on The Fulcrum. The relatively new National Task Force on Election Crises has issued its concise but thorough guidance to states on how to plan for elections during the coronavirus outbreak. The laundry list of recommendations includes steps to promote more mail-in voting, while also preparing for in-person voting by making sure cleaning supplies are available, and recruiting additional poll workers to replace those that may cancel because of health concerns. The cross-p

COVID-19, like many global crises and catastrophes bring change. Sometimes permanently, often temporarily. Change comes in both positive and negative garbs. But change never fails to force itself upon society in the aftermath of human events. As we navigate this pandemic, it is apparent that things in its wake will change and society will both modify its behavior as well as suffers its consequences These are the changes that will come. Death of the office cubicle The primary reaction to the C