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3 Jan 2023, 4:00 pm by Gregory V. Mersol
Most employers today have anti-harassment policies covering race, gender and other types of discrimination to help comply with state and federal antidiscrimination legislation and to take advantage of the affirmative defense described in Faragher v. [read post]
3 Jan 2023, 9:43 am by Chip Merlin
In this way, State Farm is reproducing and exacerbating existing patterns of race discrimination. [read post]
3 Jan 2023, 6:30 am by Guest Blogger
As Confederate Vice President Alexander Stephens made clear: Our new government is founded upon . . . its foundations are laid, its corner-stone rests, upon the great truth that the negro is not equal to the white man; that slavery subordination to the superior race is his natural and normal condition. [read post]
3 Jan 2023, 6:00 am
  The Court noted that the strict scrutiny test applies when evaluating a statute that “‘creates a distinction based upon clearly suspect criteria (such as race, gender, religion, or national origin), or when it infringes on a ‘fundamental’ right. [read post]
2 Jan 2023, 9:01 pm by Scott Harshbarger and Dennis Aftergut
Trump-backed election-deniers also lost in Arizona’s other statewide races. [read post]
The summer of our discontents Two months ago, if you prompted Version 3 of the AI-art generator MidJourney to generate depictions of an “otter on a plane using wifi,” you were rewarded with the nonsense in the left panel of our lead graphic. [read post]
30 Dec 2022, 11:45 am by Orin S. Kerr
  So my reworked materials start with a section on the history and the development of the Fourth Amendment, starting with Entick v. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
  JUNE The Supreme Court, in a 6-3 decision, overturned Roe v. [read post]
28 Dec 2022, 9:05 pm by Series of Essays
Jackson Women’s Health, and New York State Rifle & Pistol Association v. [read post]
27 Dec 2022, 6:30 am by Guest Blogger
” (This latter point becomes the focus of my later essay on A Mantra in Search of Meaning, also published as part of a symposium, this one at the University of North Carolina Law School celebrating the 40th anniversary of Baker v. [read post]
23 Dec 2022, 6:30 am by Guest Blogger
  The plurality that would have reversed Bandemer in the 2004 case of Vieth v. [read post]
22 Dec 2022, 7:36 am by Second Circuit Civil Rights Blog
The Court notes that "we have previously held that comments similar to the 'not a good fit' comments supported the presence of a material issue of fact on summary judgment because such comments 'just might have been about race.'" Case support for that proposition is found in Abrams v. [read post]
21 Dec 2022, 7:12 pm by Drew M. Capuder
Perhaps the most important updating is that, after the decision in Bostock v. [read post]