Judicial

Too Old to Work, but Not Old Enough to Sue

March 28, 2024

A growing consensus among circuit courts may destroy the hopes of litigants, dismissing an age discrimination claim if there is not an age difference of ten or more years between the plaintiff and their replacement hire. [...]

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

January 14, 2023

Ratified in 1791, the Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions. The amendment requires a speedy and public trial as well as an impartial jury; it also encompasses the confrontation clause. The Confrontation Clause provides that “in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.” The purpose of this provision is to allow defendants to question their accusers in [...]

Supreme Inaction: Words from the Bench and Implications of Texas’s S.B. 8

September 2, 2021

In the late hours on Wednesday, September 1, the Supreme Court of the United States denied an emergency request by abortion and women’s health providers for an injunction barring enforcement of Texas’s Senate Bill 8. S.B. 8 is a restrictive law that bans most abortions after as early as six weeks of pregnancy and allows private citizens to file civil lawsuits against abortion providers. The late-night decision arrived by way of the Supreme Court’s shadow docket (a topic that has been [...]

2020 – The Perfect Storm for a Constitutional Crisis, Trump v. Biden, 592 U.S. __ (2020), What will the Supreme Court Decide?

October 28, 2020

Mix a pandemic with the magnitude of this election and you just might just get a Bush v. Gore Part II. Only this time, with the abject degree of political polarization, if the Supreme Court is called upon to decide the winner, would the legitimacy of the election be accepted? [...]

I Dissent: R.I.P. to the Notorious R.B.G. – A Tribute to RBG & Her Legacy

September 25, 2020

“Our Nation has lost a jurist of historic stature. We at the Supreme Court have lost a cherished colleague. Today we mourn, but with confidence, that future generations will remember Ruth Bader Ginsburg as we knew her -- a tireless and resolute champion of justice.” - Chief Justice John Roberts [...]

Supreme Court to Decide Whether Sexual Orientation is a Protected Class in the Workplace

February 16, 2020

The United States Supreme Court heard some of the most anticipated legal issues of the October court term. Among these cases, the Court will decide whether Title VII in the Civil Rights Act of 1964 (Title VII), one of the fundamental federal employment discrimination statutes, covers sexual orientation discrimination in the workplace. Currently, Title VII explicitly prohibits discrimination in employment based on race, color, religion, sex, and national origin. The statute has never been [...]

Excessive use of force: where decisions made in seconds are scrutinized for years

February 25, 2019

The truth is that only those officers, under those circumstances, at that scene, on that day, can truly account for both what was and was not reasonable. [...]

Trademarking in the Offensive?

August 7, 2017

A recent landmark United States Supreme Court decision involving trademark law has brought a stream of curious applications, raising national concerns. [...]

11th Circuit declines to rehear gay employee’s discrimination case

July 17, 2017

Jameka Evans, a gay woman, was denied further review of her case in the U.S. Court of Appeals for the 11th Circuit, in which she argued to extend Title VII to cover discrimination based on sexual orientation. Will her case reach the Supreme Court? [...]

Judicial

Too Old to Work, but Not Old Enough to Sue

Public Policy vs. The Constitution: Confronting Minor Victims of Sexual Assault

Supreme Inaction: Words from the Bench and Implications of Texas’s S.B. 8

2020 – The Perfect Storm for a Constitutional Crisis, Trump v. Biden, 592 U.S. __ (2020), What will the Supreme Court Decide?

Supreme Court to Decide Whether Sexual Orientation is a Protected Class in the Workplace

Excessive use of force: where decisions made in seconds are scrutinized for years

Trademarking in the Offensive?

11th Circuit declines to rehear gay employee’s discrimination case

Settling the denominator debate: SCOTUS creates objective test for regulatory takings

A close call: D.C. Circuit Court of Appeals strikes down prison call regulations

President Trump’s latest unconventional nomination

Walking the circuit tightrope?