The #metoo movement has increased the focus on sexual harassment cases and how courts analyze them. One way to increase the reach of harassment law is hidden in plain sight: the text of Title VII itself.
Title VII, the federal law that prohibits harassment based on race, sex, and other protected traits, has two main provisions. Under Title VII’s first provision, it is an unlawful employment practice for an employer to do the following:
(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.
I ask no favors for my sex. . . All I ask of our brethren is, that they will take their feet from off our necks. – Sarah Moore Grimké, American abolitionist and suffragette.
At the beginning of RBG, a documentary of the life and work of Supreme Court Justice Ruth Bader Ginsburg, she recounts the time that she famously used this quote during an oral argument before the Supreme Court of the United States. As Justice Ginsburg reflects on her use of the words, and repeats them, she reveals a sly, satisfied smile.
I am a fan of documentaries and Ginsburg, so seeing RBG was high on my summer to-do list. I took an afternoon and headed over to the Esquire to watch it.
If one has made a point of drinking in every interview and piece on Ginsburg that one can, as I have, one notices that about half of the documentary is made up of these already published interviews. There is the footage of her being interviewed by Nina Totenberg, footage of her workout routine, and interviews of her talking about the time she famously dozed off during the State of the Union.
Everyone will have different experiences while working over the summer. Some may find the work load difficult or easy. Some may find the law frustrating or rewarding. At some point, all law school students will experience these feelings, however not everyone will experience the same work environment. Some students will experience microaggressions.
Microaggressions are brief and commonplace — daily verbal, behavioral, and environmental indignities and invalidations, whether intentional or unintentional, that communicate hostile, derogatory, or negative slights and insults to the target person or group or “outsiders”. “Outsiders” are individuals who do not come from the dominant culture. They are women, people of color, and the LGBQT community. Usually, the “well-intentioned” people are the microaggressors–they are the ones who actively say and/or believe they are not racist, sexist, or homophobic; however, their actions or expressions say otherwise.
On March 24, 2018, more than five hundred men and women marched through Memphis Tennessee. Most of them had spent a large part of their lives in prison– a combined 3,501 years among them– for crimes they did not commit.
The march was the closing event for the 2018 Innocence Network conference, a gathering of exonorees and lawyers working on behalf of those wrongfully convicted. Exonorees came from every state in the country and from countries across the globe. They marched with attorneys and advocates and family. They held signs demanding change in the system that had wronged them. Demanding accountability. Demanding, at least, public recognition that innocent men and women were being arrested and convicted by agents acting on the public’s behalf.
Today Ru-El Sailor is a free man, after spending 15 years in prison for a murder he did not commit. Over the years, Sailor continuously maintained and fought to prove his innocence. Then, finally, on March 28, 2018, the Cuyahoga County Court vacated his sentence.
How Sailor got Wrongly Convicted
In November 2002, Sailor was hanging out with his friends at a bar on the East Side of Cleveland. Across town, Nicole and Cordell Hubbard got into a dispute with Omar Clark . The matter got out of hands – threats, guns, and then shots rang out, leaving Clark dead. Cuyahoga County prosecutors roped in Sailor who Cordell Hubbard’s best friend at the time, wrongly believing that Sailor was the second man in this fatal shooting. Sailor testified that he was not the shooter nor was involved in this violent outburst. However, after a trial that included shady eye witness testimony that could not place Sailor at the scene, a jury still convicted Sailor. The court sentenced him to 28 years to life with the possibility of parole.
Guest Contributors: Gibran Pena-Porras (’19) and Natalia Trotter (’19)
The University of Cincinnati College of Law’s Latino Law Student Association (LLSA) and UC Law Women (UCLW) student organizations had the pleasure of hosting an immigration panel with guests Professor Yolanda Vazquez, from the University of Cincinnati College of Law, Attorney Julie LeMaster from the Immigrant and Refugee Law Center, and Attorney Deifilia Diaz from the Law Offices of Valencia and Diaz. The different focal areas of immigration law that each of these panelists work with every day provided for a lively and diverse discussion of current immigration issues.
These are only a few words Professor Janet Moore used to describe the Honorable Shira Scheindlin, U.S. District Court for the Southern District of New York (ret.), this year’s Judge-in Residence at the University of Cincinnati College of Law.
I had the pleasure to attend her lecture on Race and Policing, and have lunch with her the following day. As a law student, I’ve always told myself that I will be the change I want to see to paraphrase Mathama Gandhi. But, like many other law school students, I get bogged down by the environment at the law school. I stress out most of the time. I don’t get enough sleep. I find myself comparing me to other people making me insecure. I constantly fight the urges to lash out because of insecurities. In just two years, I forgot why I wanted to be a lawyer. However, Judge Shira Scheindlin reminded me why I made that choice.