February 2010

  • February 12, 2010
    Two recent studies suggest that a judge's race and gender can play a role in decision-making, and impact the outcome of some cases, the ABA Journal reports

    The ABA Journal states:

    In federal racial harassment cases, one study (PDF) found that plaintiffs lost just 54 percent of the time when the judge handling the case was an African-American. Yet plaintiffs lost 81 percent of the time when the judge was Hispanic, 79 percent when the judge was white, and 67 percent of the time when the judge was Asian American.

    The second study, the legal journal notes, shows that plaintiffs in federal sexual harassment or discrimination cases "were at least twice as likely to win if a female judge was on the appellate panel."

    University of Pittsburgh School of Law Professor Pat K. Chew, who co-authored the racial harassment study, told the ABA Journal, "It's always made a difference who the judge was. We've long known, for instance, that a judge's political affiliation makes a difference." 

    Last summer, ACS hosted a panel discussion examining diversity of the courts. The panel, moderated by David Savage of the Los Angeles Times, included University of Maryland School of Law Professor Sherrilyn Ifill and University of Nevada, Las Vegas School of Law Professor Sylvia Lazos. Video of the panel discussion is here. Following the panel discussion, Ifill and Lazos talked with ACSblog about diversifying the courts. 

  • February 11, 2010
    Later this month the Supreme Court will consider a case pitting First Amendment rights of a Los-Angeles based nonprofit against the federal government's ability to counter terrorism.

    Holder v. Humanitarian Law Project, The New York Times' Adam Liptak writes, "represents the court's first encounter with the free speech and association rights of American citizens in the context of terrorism since the Sept. 11 attacks - and its first chance to test the constitutionality of a provision of the USA Patriot Act." 

    The Humanitarian Law Project, headed by Ralph Fertig, says it has tried to work with members of Turkey's Kurdish population on ways to engage in peaceful protests, but that the government has stymied its efforts. Fertig and others lodged a lawsuit against the federal government's "material support" law, which bans organizations from providing assistance to international groups that the State Department has designated as terrorist organizations.

    David Cole, a professor at Georgetown Law School and an attorney for the Humanitarian Law Project, told the ABA Journal that the "material support" law is "so sweeping that it treats human rights activists as criminal terrorists." In 2007, the U.S. Court of Appeals for the Ninth Circuit agreed, striking the law as unconstitutional.

    Liptak notes that former U.S. Attorney General Edwin Meese III and former Bush administration lawyer John Yoo maintain in a friend-of-the-court brief before the Supreme Court, that the "material support" law is an "optimal means to confront the unique challenges posed by terrorism."

    In a recent ACS Issue Brief, Ahilan T. Arulanantham, an attorney with the ACLU of Southern California, examined the "material support" law, writing that it has greatly hampered human rights work in some parts of the world.

    The high court will hear oral argument in the case on Feb. 23. 

     

  • February 11, 2010
    Mexico City's progressive mayor and city assembly are "propelling the city to the forefront of the global gay rights movement," The New York Times reports. But unlike rudimentary change, societal change is never easy, as the newspaper notes.

    On March 4 a city law will take effect that advances marriage equality by allowing gay couples to wed and adopt children. Mexico's president, Felipe Calderón, and Catholic organizations, are waging a "fierce" campaign to scuttle the law. The attorney general has challenged the measure in the nation's Supreme Court arguing that the Constitution only recognizes marriage between a man and a woman. 

    Mexico City Mayor Marcelo Ebrard, responding to the federal government's challenge to his city's efforts to advance equality said, "We are looking at the recognition of rights and liberties, and in this there is a big difference between conservatives and those of us with liberal or different or advanced ideas or rights."

    The Mexico City lawmaker who proposed the law, David Razú, said the federal government is maintaining that the nation's Constitution only "protects heterosexual families."

    The newspaper noted that efforts to advance the civil rights of lesbians and gay men are also moving forward in other Latin America countries, such as Argentina, one of the first to recognize civil unions, Brazil, Ecuador and Colombia. 

  • February 10, 2010
    Earlier this week the Senate blocked the nomination of Craig Becker to the National Labor Relations Board (NLRB). With the help of the Senate's newest Republican, Sen. Scott Brown, and some Democrats, such as Sen. Ben Nelson (pictured), the chamber failed to muster the votes necessary to move the nomination forward, Politico reported.

    A 60-vote supermajority was needed to end debate over the nomination, which Politico described as "a key Obama White House nomination." The action on Becker's nomination is also a major letdown for labor groups. AFL-CIO President Richard Trumka, in a press statement, blasted the Senate's action, calling it "reprehensible" that a minority of senators could scuttle the president's nomination.

    "Becker is a highly-respected and experienced labor law practitioner and scholar," Trumka continued. "He has an impressive 27-year record of advocating for and representing workers, especially low-wage workers. He is eminently qualified to hear and decide cases fairly for both workers and employers as a member of the NLRB."

    Politico reported today of growing frustration among labor groups over lawmakers' inaction on some of their top priorities, including passage of the Employee Free Choice Act. Kim Freeman Brown, head of American Rights at Work, told the newspaper that Congress should heed "the voice of their constituents who want change ...." 

  • February 10, 2010
    The Chicago Daily Law Bulletin profiles Amy M. Gardner, a partner at Ungaretti & Harris LLP and the co-founder of the ACS Chicago Lawyer Chapter. The legal magazine notes that Gardner, who graduated from the University of Chicago Law School in 2002, was among 54 Americans selected as a 2010 Marshall Memorial Fellow. Her fellowship will send her to "Europe for 24 days for meetings with policy makers, business leaders, and leaders from government, politics, non-governmental organizations and the media ...." The German Marshall Fund of the United States is a nonpartisan organization "dedicated to promoting greater cooperation and understanding between North America and Europe," and was created in 1972 "as a permanent memorial to Marshall Plan assistance," the Fund's Web site states.

    In an interview with the Law Bulletin, Gardner (pictured with Judge Abner Mikva) said she was nominated to be a Marshall Fellow by Ronald S. Miller, partner of Miller Shakman & Beem LLP. The two met through their work with the ACS Chicago Lawyer Chapter. Gardner, who has served as the chair of the chapter, noted, "We started with a handful of people. We're now the second largest lawyer chapter in the country."

    See here for information about the Chicago Lawyer Chapter, including events hosted by the chapter. A list of all ACS Lawyer Chapters is here.