“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

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Port of Corpus Christi Authority v. Sherwin Alumina Co.

Docket: 18-40557

Opinion Date: February 27, 2020

Judge: Higginbotham

Areas of Law: Bankruptcy

The Fifth Circuit denied the petitions for panel rehearing and rehearing en banc, and substituted the following opinion in place of the prior opinion. The Port filed an adversary proceeding against debtors, seeking to invalidate the bankruptcy sale and regain its easement. The court affirmed the district court's judgment upholding the bankruptcy court's decision rejecting the Port's sovereign immunity and fraud claims. In Tennessee Student Assistance Corporation v. Hood, the Supreme Court held that a bankruptcy court’s discharge of an individual's debt to the state of Tennessee did not violate the Eleventh Amendment. For purposes of the Eleventh Amendment, the court reasoned that the Port's easement was like Tennessee's debt claim against the estate: the state holds an interest burdening the bankruptcy res. Hood holds that a bankruptcy court's exercise of in rem jurisdiction over the debtor's estate can extinguish the state's interest burdening that res without implicating the Eleventh Amendment. Therefore, the court held that there was no Eleventh Amendment violation here. The Port's further argument to the contrary was foreclosed. The court also held that the Port failed to allege any intentional false representation under Bankruptcy Code section 1144.

United States v. Williams

Docket: 19-60463

Opinion Date: February 27, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Fifth Circuit affirmed defendant's sentence under the Armed Career Criminal Act (ACCA) imposed after he pleaded guilty to possessing a firearm after a felony conviction. Defendant argued that he could not be sentenced under the ACCA because 18 U.S.C. 924(a)(2), not 924(e), was charged in the indictment, and that his 2008 Mississippi robbery conviction does not constitute a violent felony conviction under the ACCA. Defendant conceded that his arguments are contrary to precedent but, nonetheless, wished to preserve the issues for further review. The court held that defendant's argument that the district court erred in sentencing him under the ACCA because section 924(e) was not cited in the indictment was unavailing. Furthermore, the court rejected defendant's challenges to his conviction for Mississippi robbery in light of its prior rulings and defendant's failure to cite Mississippi case law that establishes a realistic probability that Mississippi courts would apply the robbery statute to conduct that does not involve "the use, attempted use, or threatened use of physical force against the person of another."