Bringing Home the Supply Chain

SAMUEL ESTREICHER, JONATHAN F. HARRIS

NYU law professors Samuel Estreicher and Jonathan F. Harris describe how the COVID-19 pandemic is forcing the United States to confront the problem of unchecked globalization. Estreicher and Harris argue that once the pandemic subsides, U.S. policymakers should, as a matter of national security, mandate that a minimum percentage of essential supplies be manufactured domestically.

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Unconstitutional Chaos: Abortion in the Time of COVID-19

JOANNA L. GROSSMAN, MARY ZIEGLER

SMU Dedman School of Law professor Joanna L. Grossman and Florida State University law professor Mary Ziegler discuss the abortion bans implemented in several states in response to the COVID-19 pandemic. Grossman and Ziegler explain why the bans are constitutional and comment on the connection between the legal challenges to those bans and the broader fight over abortion rights.

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Marshall v. McCarty

Docket: 19-6042

Opinion Date: April 16, 2020

Judge: Dow

Areas of Law: Bankruptcy

The Bankruptcy Appellate Panel dismissed debtor's Chapter 13 bankruptcy appeal, holding that it lacked jurisdiction. The panel held that debtor has not shown she is a person aggrieved by the bankruptcy court's order overruling her objection to the trustee's final report and thus does not have standing to appeal the bankruptcy court's order. In this case, although debtor questioned the accuracy of some of the information in the final report, she did not challenge in her objection, nor on appeal, the amount the trustee reported had been returned to her following dismissal of her case.

Couch v. American Bottling Co.

Docket: 18-3648

Opinion Date: April 16, 2020

Judge: Stras

Areas of Law: Labor & Employment Law

Plaintiff filed suit alleging that Dr. Pepper retaliated against him for complaining about racial discrimination at the company. The Eighth Circuit affirmed the district court's grant of summary judgment to Dr. Pepper, holding that, even if plaintiff made a prima facie case of retaliation, Dr. Pepper provided legitimate nondiscriminatory reasons for its actions based on plaintiff's performance under the McDonnell Douglas burden-shifting framework. In this case, Dr. Pepper alleged that plaintiff had an inability to adjust to new management expectations, an unwillingness to be coached, and a refusal to sit through his interim performance review. The court also held that plaintiff failed to create a jury issue on pretext.