Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Commonwealth v. Teixeira

Docket: SJC-11279

Opinion Date: January 20, 2021

Judge: Barbara A. Lenk

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court affirmed Defendant's convictions for murder in the first degree by deliberate premeditation and of unlawful possession of a firearm, holding that a new trial was not required because there was no error and that there was no reason for the Court to exercise its authority under Mass. Gen. Laws ch. 278, 33E to reduce the verdict of murder in the first degree. Specifically, the Supreme Judicial Court held (1) the trial judge did not err by declining to give a requested instruction on self-defense; (2) the trial judge did not abuse his discretion by allowing the prosecutor to introduce prior bad act evidence; (3) the prosecutor's remarks in her opening statement and closing argument did not create a substantial likelihood of a miscarriage of justice; (4) trial counsel provided constitutionally effective assistance; and (5) a new trial was not warranted based on purported newly discovered evidence.

Commonwealth v. Williams

Docket: SJC-12378

Opinion Date: January 20, 2021

Judge: Cypher

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Judicial Court vacated the judgments entered against Defendant in this criminal case, holding that the trial judge abused his discretion in excusing a juror who claimed to be unable to begin deliberations anew after the discharge of another juror. A jury convicted Defendant of murder in the first first degree on a theory of felony murder, as well as assault and battery by means of a dangerous weapon causing serious bodily injury and possession of a firearm. On appeal, Defendant argued that the motion judge erred in denying his motion to suppress and that the trial judge erred in excusing a juror. The Supreme Judicial Court vacated the judgments entered against Defendant, holding (1) the trial court did not err in denying Defendant's motion to suppress; but (2) the trial court's discharge of the juror in question was error, and the error was prejudicial to Defendant.