The web edition of the California Law Review.

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Online Article, August 2025, Cass R. Sunstein California Law Review Online Article, August 2025, Cass R. Sunstein California Law Review

Is Resistance Futile? On the Potentially Disabling Consequence of Thinking About Consequences

When and how should an individual or an institution act in response to extortion? What should an individual or an institution do to oppose tyranny, illegality, oppression, or horror, if we suppose that the consequences of opposition might not be so good or might be terrible? These questions arose in stark form in 2025 in the context of efforts by the Trump administration to punish and bring to heel law firms, individuals, universities, and others.

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Ethics & Independence In Trump’s War on Big Law

In his second term, President Donald Trump has launched an unprecedented assault on the nation’s largest law firms. Through a series of executive orders and highly unusual EEOC (Equal Employment Opportunity Commission) actions, the Trump regime has sought to undermine the independence of the private bar. In response, targeted firms have been forced to make a choice: to appease the administration or to fight back.

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Online Article, August 2025, Michael Banerjee California Law Review Online Article, August 2025, Michael Banerjee California Law Review

What Harvard’s Lawsuit Should Have Said

“Known formally as the President and Fellows of Harvard College, the Harvard Corporation is the oldest corporation in the Western Hemisphere.” So reads the Harvard Corporation website. But you would hardly know it was a corporation at all based on Harvard’s recent fifty-page complaint against the federal government, which attempted to commandeer the university through an April 11 letter demanding that Harvard change its governance, hiring and admissions practices, and faculty viewpoint diversity on pain of losing research funding.

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