Discrimination Law

Peña-Rodriguez v. Colorado and the Racial Animus Exception to the No-Impeachment Rule: Extending an Exception to Suspect Classes That Experience Pervasive Bias in the Jury System

Taariq Lewis

Abstract During an inquiry into the validity of a verdict, Federal Rule ofEvidence 606(b) prohibits jurors from testifying about statements madeor incidents that occurred during jury deliberations, including jurors’subjective mental processes used in reaching the verdict. This rule is oftencalled the “no-impeachment” rule. The no-impeachment rule promotesthe finality of verdicts, facilitates free and vibrant discussion […]

Rural Resentment and LGBTQ Equality

Luke A. Boso

Abstract In 2015, the U.S. Supreme Court in Obergefell v. Hodges settled a decades-long national debate over the legality of same-sex marriage. Since Obergefell, however, local and state legislatures in conservative and mostly rural states have proposed and passed hundreds of antiLGBTQ bills. Obergefell may have ended the legal debate over same-sex marriage, but it […]

Sweet Child O’ Mine: Adult Adoption & Same-Sex Marriage in the Post-Obergefell Era

Written by: Robert Keefe

Abstract Gay and lesbian partners used adult adoption to create family relationships and to ensure inheritance and property rights in the decades before the Supreme Court’s decision in Obergefell v. Hodges legalized same-sex marriage nationwide. Same-sex partners who chose adult adoption as an alternative to marriage before the Obergefell decision must now dissolve the adoption […]

Sandra F. Sperino, Retaliation and the Reasonable Person

Abstract When a worker complains about discrimination, federal law is supposed to protect that worker from later retaliation. Recent scholarly attention focuses on how courts limit retaliation claims by narrowly framing the causation inquiry. A larger threat to retaliation law is developing in the lower courts. Courts are declaring a wide swath of conduct as […]

Sandra F. Sperino, The Tort Label

Courts and commentators often label federal discrimination statutes as torts. The tort label leads to reasoning that is superficial and not transparent about its motivations and goals. Courts do not engage in nuanced discussions about the kind of reasoning they are using or the values they are prioritizing in reaching the result. Importantly, the tort […]

Nicole Buonocore Porter, Mutual Marginalization: Individuals with Disabilities and Workers with Caregiving Responsibilities

This Article explores the marginalization of two groups of employees—individuals with disabilities and workers with caregiving responsibilities. One might argue that these two groups have little in common. However, while these groups are not perfectly aligned, they do have much in common in the workplace. First, these employees are unable to consistently meet their employers’ […]