Juries and LGBT Litigants: Berthiaume v. Smith

David Wovrosh, Cincinnati Law 2L, summarizes Berthaiume v. Smith for the National Association for Public Defense. The case, decided by the Eleventh Circuit Court of Appeals, involves LGBT litigants and jury member bias. David writes:

In Berthiaume v. Smith, the Eleventh Circuit Court of Appeals held that jury members may be questioned during voir dire regarding latent bias predicated on sexual orientation.   Relying on its decision in United States v. Bates and the United States Supreme Court’s decision in Rosales-Lopez v. United States, the Eleventh Circuit concluded that, where matters of sexual orientation are “inextricably bound up” with the facts of the case, LGBT litigants are entitled to constitutional protections against jury bias.

To learn more about NAPD’s involvement in the case and for the full text of David’s summary, please visit the National Association for Public Defense.

 

Second Look

 

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Nikita Srivastava (’19)

Here’s what caught our eye on the web recently:

At a time when many are asking why race remains such a potent force in our society, it’s important to explore the impact of persistent residential segregation.  Mark Treskon of the Urban Institute reports that inclusive communities are more economically prosperous. Published in 2017,  this article focuses on segregation in Chicago from 1990-2010 and trends seen in Chicago appear in other major cities as well. City actors could break down barriers to local inclusion, the entire region could benefit from the higher incomes and education levels. The Urban Institute investigates how policy can break down these barriers.  Click here to learn more.

Continue reading “Second Look”

UC Law Women: Back In Action.

Nikita Srivastava (’19)

logo squareThe University of Cincinnati was one of the first law schools to develop a joint degree in Women’s Studies and Law. In addition, the number of women applicants and law students has steadily increased over the years; women now comprise about half of every entering class. Despite these rising numbers, women in the law continue to face issues that merit special attention – issues such as pay equity, networking, promotions, etc. Fortunately, the College of Law has several centers and student groups that address issues faced by women in the law. These include the Center for Race, Gender, and Social Justice, Out and Allies, and If/When/How. However, over the past several years, a student group devoted solely to women in the law was non-existent.

UC Law Women, a student group formed in the 1980s, was founded to raise awareness of the unique issues faced by women in the legal community but, for a variety of reasons, faded away in the mid-2000s. Then, in the fall of 2016, Maria Catrina Castro, a current 2L, saw Law Women listed on UC’s organization page; she asked how to join and discovered the organization did not exist anymore. Disappointed, Maria made a mental note to reboot the organization. She knew it would not be possible in her first semester to create a student organization, so Maria waited until Spring 2017 to start the process. She approached students who took active roles in social and gender issues – and sought out a variety of perspectives to ensure that the club would be an inclusive group.

Continue reading “UC Law Women: Back In Action.”

Friends of the Court: Cincinnati Law students contribute to SCOTUS ruling

By Guest Contributors Francesca Boland(’19), David Wovrosh (’19), and Prof. Janet Moore 

On June 19, 2017, Cincinnati Law students saw their work cited in a 5-4 majority opinion of the United States Supreme Court. The case, McWilliams v. Dunn, resolved a lower courtdcsxxa-xoaafsoq split over what the Constitution requires when prosecutors seek to impose the death penalty against defendants who have mental illness, but cannot afford to hire mental health experts to present an effective defense.

First-year students researched the issue during the spring semester for an amicus brief filed by the National Association for Public Defense (NAPD). The Court cited that brief in holding that Alabama courts violated a right that was clearly established in its 1985 decision, Ake v. Oklahoma.  Continue reading “Friends of the Court: Cincinnati Law students contribute to SCOTUS ruling”

OJ Simpson Revisited

OJ Simpson’s parole hearing provides another opportunity to consider race in the criminal justice system.

By Nikita Srivastava

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OJ Simpson

Former football player and Hollywood star, OJ Simpson will have a parole hearing on Thursday, July 20th, 2017. In December 2008, Simpson was convicted of robbery with a deadly weapon. He was sentenced to 33 years in prison with the possibility of parole in 6 years. This, of course, was not Simpson’s first encounter with the law. In 1994, a jury acquitted Simpson of the murders of Nicole Brown-Simpson and Ronald Goldman. His high profile case sparked a division on race relations in this nation.

Simpson’s parole hearing will occur when race remains a highly contested and hotly debated topic in this nation. As a result, it’s fitting to examine Joe’s Feagin concept of the white racial frame (WRF) helps us understand why Simpson and his legal issues embody issues of race. And, to watch the Oscar-winning documentary, OJ: Made in America, which brings these complicated issues to life. Continue reading “OJ Simpson Revisited”

A Second Look

Here are some items that caught our eye:

2370_regUniversity of Dayton Sociology Professor Dr. Jamie Longazel recently published  Undocumented Fears, which examines immigration and the racialization that occurs in small towns. Berkeley Law Prof. Ian Haney Lopez says

Jamie Longazel brings into sharp focus the anti-Latino racism at the heart of national politics today. Even as we as a society struggle to build solidarity across racial divisions, powerful forces seek advantage in tearing us farther apart. The concentrated focus of Undocumented Fears helps us understand not only why this occurs but also how we might help replace fear with friendship, social division with a sense of shared humanity.


Looking for the next binge-worthy program?  Netflix’s Dear White People is absolutely dearwhitepeoplerelevant and important. And, it’s being renewed for second season!

Speaking of television, BBC just announced that 13 is the charm–the next Dr. Who will be a woman.

 


Does it ever appear that racial vigilantes — for example, George Zimmerman, the man who killed Trayvon Martin–are presumed innocent?  Race and the Law Prof Blog takes on that topic.


And, in the “can’t wait!” category:  

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Director Ava Duvernay’s A Wrinkle in Time hits theaters March 9, 2018!  Can’t come soon enough. maxresdefault

Supreme Court: Offensive Speech May be Trademarked

Congress’s 70-year-old ban on registering disparaging terms struck down on free-speech grounds

tim armstrongGuest Contributor: Cincinnati Law Professor Tim Armstrong

An important new Supreme Court decision gives private parties the right to receive federal trademark registration of a term that disparages racial or ethnic minority groups. In Matal v. Tam, the Supreme Court ruled that part of the federal trademark statute is unconstitutional to the extent that it forbids federal trademark registration for terms “which may disparage … persons, living or dead … or bring them into contempt, or disrepute.” To forbid registration of disparaging terms as trademarks, the Court unanimously agreed, violates registrants’ First Amendment rights to free expression even of “ideas that offend.”

At the heart of this case is bass player Simon Tam, a member of a quartet of Asian-American musicians who describe their style as “Chinatown dance rock.” The band chose to name itself “The Slants,” in what the Court described as an attempt to “reclaim … a derogatory term for persons of Asian descent …. and drain its denigrating force.” Continue reading “Supreme Court: Offensive Speech May be Trademarked”