Labor law

  • February 27, 2014
     
    In Clapper v. Amnesty International USA, U.S. Solicitor General Donald Verrilli, Jr. said that the Department of Justice notified defendants whose information had been “obtained or derived from” the Section 702 surveillance program. However, the DOJ’s claims were found to be untrue. Writing for The Intercept, Dan Novack reports on the implications of this “false assurance” to the high court.
     
    Arizona Gov. Jan Brewer vetoed a controversial bill that would have allowed businesses to discriminate against gay and lesbian customers after politicians, business owners and even the 2015 Super Bowl host committee protested the controversial bill. Aaron Blake of The Washington Post comments on the governor’s decision.
     
    A federal district court judge in Texas declared the state’s ban on same-sex marriage unconstitutional. The ban, enacted in 2005 by popular referendum, was held to violate the Fourteenth Amendment by U.S. District Judge Orlando L. Garcia. Manny Fernandez of The New York Times has the story.
     
    The Supreme Court could soon rule on McCutcheon v. Federal Election Commission. David Early and Avram Billig at the Brennan Center for Justice break down the five decisions that have shaped campaign finance law.
     
    Liz Watson at Womenstake explains how the Maryland Fair Employment Preservation Act would ensure that “all workers in Maryland have an effective remedy from supervisor harassment.”
  • February 25, 2014
     
    The Supreme Court held yesterday that an Alabama death row inmate had “constitutionally deficient” counsel at trial. The Court agreed that Anthony Hinton, who was convicted of two 1985 murders, “is entitled to a new trial if he was prejudiced by his lawyer's deficient performance.” The Equal Justice Initiative reports on the case and includes the per curiam opinion.
     
    The New York Times editorial board calls on the Obama administration to address the lack of due process for federal immigrant detainees who are being held without bond hearings. The paper cites a plethora of cases involving the detention of immigrants without hearings or formal charges—evidence of a broken immigration system.
     
    The United Automobile Workers filed a formal objection with the National Labor Relations Board after Volkswagen workers at a Chattanooga, Tennessee plant decided not to join the UAW. Lydia DePillis at The Washington Post considers the possibility that the UAW “get a do-over in Chattanooga.”
     
    In an article for The New Yorker, Jeffrey Toobin argues why Clarence Thomas’ behavior on the bench is “demeaning the Court.”
     
    The NAACP Legal Defense and Educational Fund notes a significant victory for voting rights in Fayette County, Georgia.  
  • February 21, 2014
     
    Arizona lawmakers passed a bill that allows businesses to discriminate against gay and lesbian customers and to deny equal pay to women. GOP lawmakers are fervently defending the legislation, claiming that it protects the religious freedoms outlined in the Religious Freedom Restoration Act. MSNBC’s Adam Serwer reports on the controversial law.
     
    Oregon officials announced that they will no longer uphold the state’s ban on same-sex marriage. Although the fate of the ban has yet to be decided in the courts, the state’s decision remains a significant victory for gay couples in Oregon. Lyle Denniston of SCOTUSBlog has the story.
     
    Environmentalists are engaged in a legal dispute with the Environmental Protection Agency after a North Carolina energy company polluted a nearby river with hazardous coal ash. Rena Steinzor and Michael Patoka of the CPRBlog discuss the need to regulate toxic coal ash and the alleged mishandling by the state’s Office of Information and Regulatory Affairs.
     
    Human Rights Watch explains why a deadly U.S. drone strike on a wedding procession in Yemen may have “violated the laws of war.”
     
    Writing for Balkinization, David Gans responds to Prof. Douglas Laycock’s claim that corporations can exercise religion.
     
    At Womenstake, Stephanie Glover provides an update on women’s enrollment in health insurance plans through the new Health Insurance Marketplaces established by the Affordable Care Act.

     

  • February 18, 2014
     
    In an article for the The Orange County Register, Erwin Chemerinsky, Faculty Advisor for the University of California Irvine School of Law ACS Student Chapter, explains why the upcoming decision of Harris v. Quinn could pose a threat to public employee unions.
     
    Volkswagen workers at a Chattanooga, Tennessee plant announced their decision last Friday not to join the United Automobile Workers. Steve Greenhouse of The New York
    Times reports on the possibility of a German-style works council in 
    Chattanooga and what it could mean for Volkswagen and the UAW.
     
    At the CPRBlog, Thomas McGarity and Matt Shudtz examine the legal concessions made by the Occupational Safety and Health Administration in a policy proposal that protects workers from silica dust exposure.
     
    Writing for The Daily Beast, Jamelle Bouie discusses the Michael Dunn murder trial and the racial consequences of Florida’s “Stand Your Ground” law.
     
    Mark Sherman of The Associated Press notes how President Obama’s judicial appointees are shaping the discussion on same-sex marriage in Virginia.
     
    Writing for The Root, Henry Louis Gates Jr. explains why the race of a mythical princess continues to play a role in the study of black history.
  • February 4, 2014
     
    The Lilly Ledbetter Fair Pay Act was the first bill signed into law by President Obama in 2009 and has been a vital tool in the battle against wage discrimination ever since. Writing for Roll Call on the anniversary of the bill’s passage, Lilly Ledbetter and the American Civil Liberties Union’s Deborah J. Vagins reflect on the legacy of the Ledbetter Act, the importance of the proposed Paycheck Fairness Act and the necessity of executive order.
     
    Last year, the Senate eliminated its 60-vote supermajority requirement for most judicial and executive appointments after Senate Republicans chose to filibuster an egregious number of President Obama’s nominees. In an article for The Blog of Legal Times, Todd Ruger explains why it is likely that the Senate’s power to filibuster nominations will remain applicable to our nation’s highest court.
     
    Writing for the Center for American Progress, Joshua Field examines the current state of the Voting Rights Act, post-Shelby County. In his report, Field addresses the need to combat voting-related discrimination and the role our federal courts must play going forward.
     
    In an article for The National Law Journal, Tony Mauro examines the ACLU’s First Amendment fight against the Supreme Court’s ban on protesting on the Court’s plaza.