August 2017

  • August 25, 2017

    Book by Sandra F. Sperino and Suja A. Thomas

    Reviewed by Katie Eyer, Associate Professor, Rutgers Law School

    Employees who believe that they have experienced discrimination face long odds in bringing discrimination litigation against their employers. Less than 5% of discrimination plaintiffs ever achieve any form of litigated relief. Discrimination cases are dismissed at startlingly high rates across virtually every procedural juncture (including after a plaintiff-favorable jury verdict).  The rates of dismissal in discrimination cases are much higher than the rates of dismissal for virtually any other substantive category of federal claims. And yet debate remains regarding the causes of these low levels of success, with some contending that discrimination lawsuits are unfairly dismissed, while others argue that a glut of non-meritorious lawsuits is to blame.

  • August 23, 2017

    by James Tierney, Lecturer on Law, Harvard Law School

    *This piece was originally posted on

    A bi-partisan group of 67 former Attorneys General of the states and jurisdictions today pointed to the example of one of their colleagues to remind us all of the moral imperative to respond directly to those who amplify the voices of hate. See the statement below issued by the former Attorneys General, and here is the link to former Alabama Attorney General Bill Baxley‘s response to the KKK: Did the Attorney General of Alabama Once Tell the Ku Klux Klan to 'Kiss My Ass'?

  • August 23, 2017
    Guest Post

    by Matthew Segal, legal director, ACLU of Massachusetts

    The Trump Administration has embarked on a campaign of voter suppression. Its actions, including creating a Voter “Integrity” Commission fueled by false claims of voter fraud, and filing a brief defending Ohio’s voter purges, seems not just destined but designed to keep Americans from voting. This campaign risks eroding the voting rights of historically disenfranchised groups of people not only overtly but also insidiously, in ways that go well beyond any single voter suppression measure.

    The insidious nature of these efforts is that they draw our collective attention to malicious attempts to keep people of color and young people from exercising their right to vote. This focus, in turn, can desensitize us to disenfranchisement that is needless, yet not malicious.

  • August 23, 2017

    by Caroline Fredrickson

    During a rally in Phoenix, Arizona last night, President Trump criticized the process by which a federal court convicted controversial former Maricopa County Sheriff Joe Arpaio of criminal contempt and hinted that a pardon may be forthcoming, saying, “I’ll make a prediction: I think he’s going to be just fine. Okay? But I won’t do it tonight because I don’t want to cause any controversy. Is that okay? All right? But Sheriff Joe can feel good.” Trump had previously indicated that he was “seriously considering a pardon” for the former Arizona sheriff.

  • August 22, 2017

    by Kyle Barry, Policy Counsel, NAACP Legal Defense and Educational Fund, Inc. 

    ***This piece was originally posted on Medium 

    In tweets and statements, Senate Republicans have emphatically distanced themselves from President Trump’s morally bankrupt response to the violent white-supremacist rally in Charlottesville. When Trump blamed “both sides” and said that “many fine people” were among the torch-bearing neo Nazis, the bipartisan rebuke was swift. Jeff Flake said that “we cannot accept excuses for white supremacy.” Orrin Hatch said that “we should never hesitate to call out hate whenever and wherever we see it.” And Lindsey Graham criticized Trump for responding in a way that earned “praise from some of the most racist and hate-filled individuals and groups in our country.”