Implications of the Constitutional Question Left Open in Jennings v. Rodriguez

By Katherine Kyman
On February 27, 2018, the Supreme Court issued its long-awaited decision in Jennings v. Rodriguez.[i] The case was first argued on November 30, 2016. However, in the wake of Justice Scalia’s death, the Court split 4–4.[ii] After the addition of Justice Neil Gorsuch to the Court, the case was eventually reargued on October 3, 2017. The majority opinion was authored…

Whistle While You Work (But Only If the SEC Can Hear You): Dodd–Frank Whistleblower Protections After Digital Realty Trust v. Somers

By Das Adler
If a whistleblower reports a violation of a federal securities law to her employer, does the Dodd–Frank Act’s antiretaliation provision prohibit the employer from retaliating against her? Put another way, does the Dodd-Frank Act give a cause of action to an employee who has been fired for informing her boss of a co-worker’s illegal activity? According to a recent, unanimous…

Harris v. Hutcheson: Scant Protections Against Weight Discrimination

Only one state in the entire country bans weight discrimination–Michigan.[i] While legal protection and case law remain scant on the subject, research shows time and again the impact of weight discrimination. Studies consistently find that people who are described as overweight or obese are discriminated against at every stage of employment, from hiring, compensation, and promotion to discipline and discharge.[ii]…

Uber Settlement Evades Interesting Answers to Technology Centered Legal Questions

Recently, Uber found itself in yet another reputation-damaging scandal. But instead of the routine matter of major investors asking a long-time CEO to resign, this scandal was a bit more law centered—and a lot more interesting. This scandal resulted from Waymo’s claim against Uber that it had stolen and inappropriately used trade secrets for self-driving vehicles.[i] The trouble all started…

What Does it Mean to Discriminate “Because of . . . Sex”?

By Cora Allen
Title VII of the Civil Rights Act of 1964 makes it illegal for employers to discriminate against their employees “because of . . . sex.”[i] In the half-century since the passage of Title VII, the definition of “sex” discrimination has broadened significantly. Originally, under the Act, “sex” referred just to biological sex.[ii] Eventually, this was expanded to include discrimination based…