on Aug 26, 2010 at 10:48 am
Wal-Martâ€™s filing of a cert. petition in a massive gender discrimination case dominates todayâ€™s headlines.Â In the petition, the company â€“ which is the nationâ€™s largest private employer â€“ asks the Court to review an en banc ruling of the Ninth Circuit allowing over one million women to pursue their claims for damages as a class.Â Lyle Denniston covered the story for this blog; the New York Times, the Wall Street Journal Law Blog, the ABA Journal, the Christian Science Monitor, Bloomberg, NPR,Â ABC, MSNBC, USA Today and UPI also have coverage.
- At the National Law Journal, Tony Mauro interviews Frank Wagner, who is retiring from his position as the Courtâ€™s reporter of decisions after twenty-three years on the job. In another post for the National Law Journal, Mauro reports on a request made by former Solicitor General Paul Clement â€“ who represents a group of former Justice Department prosecutors and civil rights officials â€“ to argue on behalf of a criminal defendant in Connick v. Thompson, a prosecutorial misconduct case scheduled for argument on October 6.
- Elsewhere at the National Law Journal, Marcia Coyle previews Pepper v. United States, a case involving the weight to be given to post-sentencing rehabilitation.
- Also in the National Law Journal, Arthur Woodard has an opinion piece in which he examines last Termâ€™s decision in Conkright v. Frommert, a case involving the deference to be given to the decision of an ERISA fiduciary.Â Woodard argues that although â€œliberalâ€ Justices are often criticized for using cases to â€œset social policy,â€ the majority in Conkright â€œarguably ignored or misconstrued precedent to reach a decision that severely curtails the rights of participants in benefit plans.â€
- The National Law Journal also provides findings from recent research on how Americans view the Court.
- The BLT remembers former Supreme Court columnist Jack Kilpatrick, who died earlier this month, as an advocate of free expression.
- At Concurring Opinions, Gerard Magliocca explores the implications of the Gold Clause Cases, in which the Court upheld a decision by President Franklin D. Roosevelt to take the United States off the gold standard.Â He concludes that â€“ contrary to conventional wisdom â€“ the Courtâ€™s decision in the Gold Clause Cases, was â€œthe most important Supreme Court decision in 1935.â€
- CrimProf Blog posted a link to Sara Sun Bealeâ€™s article, â€œAn Honest Service Debate,â€ which criticizes and explores the Courtâ€™s recent decision in Skilling v. United States.
- PrawfsBlawg links to a summary of a recent panel discussion on the effects of Ricci v. DeStefano