Monthly Archives: December 2011

SCOTUS takes on Arizona’s SB 1070

Najah Farley Last week, SCOTUS agreed to hear the Department of Justice challenge to SB 1070, Arizona’s comprehensive immigration law. According to commentators, it is likely that the government could be successful in challenging the immigration law, especially with regard to the challenged provisions of SB 1070 which require state law enforcement officials to determine the immigration…

11th Circuit Decision is a Landmark for LGBT Workplace Rights — And Shows That Equal Protection Sex Discrimination Doctrine is Still Alive and Well

Anne King As Peter Dunne pointed out in his post last week, December 2011 has seen several significant milestones for LGBT rights, both in the US and internationally. Count among those events the December 6 opinion by the Eleventh Circuit Court of Appeals in Glenn v. Brumby, which held that discriminating against someone on the basis of…

Strange Developments in Manning Trial

Marshall Thompson The trial of Bradley Manning continues after taking a few sensational turns last week. We discussed on this blog a few months ago how Manning’s charges for allegedly leaking classified information to Wikileaks could amount to capital punishment, so the stakes could not be higher. The first surprise was that Manning was transgender. The stress for a U.S….

Court finally says ‘boy’ comments are racist

Billy Corriher  The Eleventh Circuit Court of Appeals finally recognized that a supervisor’s use of the word ‘boy’ to refer to black employees is sufficient evidence of racism. It was the third time the court ruled on the case since a reprimand from the Supreme Court  for finding that ‘boy’ was not evidence of discrimination. Last week’s…

In Defense of Clarence Thomas

David Yin I recently asked my Facebook network which Supreme Court justice, modern or historical, would they elect to partner with on a Constitutional Law final exam, assuming the justice had taken the class with them that semester. John Marshall, Oliver Wendell Holmes Jr., Robert Jackson, and William Brennan were predictable choices as powerful writers and…

Congress and Obama compromise on executive power, ignore civil liberties

Billy Corriher  President Obama will sign into law a defense authorization bill that purports to expand his authority to indefinitely detain persons suspected of terrorism.  The President initially threatened to veto the bill over objections to provisions that required military custody of detainees.  The Obama administration argued it needed the flexibility to take both a military and…

Republicans Still Hoping to Gut Financial Reform

Billy Corriher With the country still mired in a recession caused by the reckless decisions of big banks, Republicans in Congress continue to fight tooth and nail against stronger government oversight of the financial industry.  Last week, Senate Republicans rejected the nomination of former Ohio Attorney General Richard Cordray to head the new Consumer Finance…

LGBT Rights: American Advocacy at the United Nations

Peter Dunne Much has, and will, be said about Hillary Clinton’s recent remarks on LGBT rights, and the accompanying memorandum which President Obama released on Tuesday morning. However, I think that there are, at this stage, a few points worthy of particular note. First, in addition to the humility with which the Secretary of State addressed America’s own…

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