Category Archives: Courts and the Judiciary
Ladies and Gentlemen of the Jury: The Role of the “Child Care Exception” in the Development of the Right of Women to Serve as Jurors
In its recent opinion in State v. Schmeiderer, 2009 WL 961787 (Tenn.Crim.App. 2009), the Court of Criminal Appeals of Tennessee rejected a convicted murder’s appeal, in which he had claimed, inter alia, that “the trial court systematically excluded women from … Continue reading
Here. Bravo Darren! See also Historiann’s take on the article.
Myron Steele, Chief Judge of the Delaware, is reported here to have used his government email account to forward a “suggestive video” which “depicts a professional-looking young woman in a bar competing with a glamorous blonde for the attention of … Continue reading
Differently Abled?: Court Identifies Circuit Split Over Who is Similarly Situated to a Pregnancy Discrimination Act Plaintiff
The recent opinion of the United States District Court for the Northern District of Illinois in Woodard v. Rest Haven Christian Services, 2009 703270 (N.D. Ill. 2009), acknowledged but did not resolve an interesting circuit split on the following issue: … Continue reading
â€œThis job is easy for people who’ve never done it,”Justice Thomas said later.”What I have found in this job is they know more about it than I do, especially if they have the title, law professor.”
Ouch. Those are the concluding words of this article.
Judicial Flubber?: First Circuit Seemingly Repudiates Supreme Court Sex-Stereotyping Precedent In Sex Discrimination Appeal
When the Supreme Court replaced the relatively simple Frye test with the relatively complicated Daubert test for determining the admissibility of expert opinion testimony, many critics (correctly) groused that science-starved judges would not be able to rise to the task … Continue reading
Not Very Discriminating?: Court of Appeals Of Michigan Erroneously Affirms Summary Judgment Order In Employment Discrimination/Retaliation Appeal
The recent opinion of the Court of Appeals of Michigan in Syrowatka v. County of Washtenaw, 2009 WL 529213 (Mich.App. 2009), affirmed a trial court order granting the defendant’s motion for summary judgment dismissing the plaintiff’s claims for employment discrimination … Continue reading
Federal Rule of Evidence 606(b) precludes jurors from impeaching their verdicts after trial through testimony concerning anything internal to the jury deliberation process. Accordingly, jurors can’t invalidate their verdicts by testifying after trial that jurors (a) misunderstood jury instructions (even … Continue reading
From the FLP mailbox, a press release from the National Network to End Domestic Violence, exerpted here: Advocates against domestic violence today applauded the U.S. Supreme Court’s 7-2 decision to uphold the federal Lautenberg Amendment that bans convicted domestic violence … Continue reading
This week’s Saturday Evening Review centers on Justice Ruth Bader Ginsburg, returning to the Court this week after surgery. As Robert Barnes reported for the Washington Post on Tuesday, Justice Ruth Bader Ginsburg returned to the Supreme Court bench … Continue reading