A More Activist Court
Lyle Denniston, a reporter at SCOTUS Blog, posted an extremely insightful review yesterday of this past Supreme Court term. In essence, he argues that the Roberts court took a much more activist position in 2010-11, disregarding the so-called “Ashwander rules.” Just...UN Human Rights Body Passes Historic LGBT Anti-Discrimination Resolution
For the very first time, the Human Rights Council at the United Nations approved a resolution that condemns discrimination on the basis of sexual orientation. The 47-member Human Rights Council voted 23 in favor and 19 against Friday, with 3 abstentions, for the...Former Supreme Court Justice O'Connor Takes a Stand Against Judicial Elections
In a Guest Commentary piece in the Detroit Free Press, former Supreme Court Justice O’Connor argued against processes in which state judges participate in competitive elections in order to secure spots on the state bench. In her own words: “Proponents of...Goodwin Liu and Lessons for Aspiring Appellate Judges
Over at Towleroad, Ezra Waldman discusses the recent (disappointing) cloture vote in the Senate on the (still) pending nomination of Goodwin Liu to the 9th Circuit of Appeals. You can read his post HERE. In the meantime, Waldman has two suggestions for any aspiring...
In light of today's finding against the Trump foundation, I've written a post for the @HarvardCRCL Amicus blog on the importance of transparency in ideological nonprofits. https://harvardcrcl.org/nonprofits-dafs-and-campaigns-a-call-for-more-transparency-in-ideological-nonprofits/ https://twitter.com/Fahrenthold/status/1192535254919237632
Great to talk with @HarvardCRCL (where I was a staffer 30 years ago -- oy) about the LGBTQ discrimination cases before SCOTUS https://twitter.com/jaredodessky/status/1192481402916409344
For @HarvardCRCL, @emilythemorrow and I spoke to James Esseks of the @ACLU LGBT & HIV Project about his thoughts coming out of oral argument for the Title VII LGBTQ cases before the Supreme Court https://harvardcrcl.org/taking-liberties-episode-9/
Annie Forestiere exposes the reality of a little-known, but often invoked, legal defense that allows defendants to escape full culpability for crimes against victims simply by showing their alleged "panic" at the realization that their victim is LGBTQ+.
https://harvardcrcl.org/lgbtq-panic-the-dark-ages-defense-strategy-you-didnt-know-existed/
Amanda Epstein explores whether prosecutors' ability to change the theory of their case at any time violates Due Process and fundamental norms of fairness for defendants.
https://harvardcrcl.org/searching-for-the-truth-not-convictions/
@HilaShamir @goetheuni @ERCDomEQUAL @mar_sabri I highly recommend the latest article by my wonderful @SUCollegeofLaw colleague Nina Kohn on American courts' acceptance of contracting btwn elderly ppl and their family #caregivers: "For Love and Affection" in @HarvardCRCL. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3393813. The conference sounds amazing!
I just posted episode 399 of @IpseDixitPod, featuring @MikeGentithes of @AkronLaw discussing his article "Suspicionless Witness Stops: The New Racial Profiling," forthcoming in @HarvardCRCL. The stinger for this one is priceless, IMO. https://shows.pippa.io/ipse-dixit/episodes/michael-gentithes-on-suspicionless-witness-stops