Black Lives Matter Is Not Just A Slogan

JOSEPH MARGULIES

Cornell law professor Joseph Margulies calls for meaningful and lasting change—not just lip service—to demonstrate that black lives do indeed matter. Margulies points out that “black lives matters” cannot merely be a slogan; to effect true change, we must adopt policies beyond empty gestures to protect and lift up black Americans, including policies that might make our own lives less comfortable.

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Liability Shield Will Not Lead to a Safer Reopening

SAMUEL ESTREICHER, ELISABETH CAMPBELL

NYU law professor Samuel Estreicher and rising 2L Elisabeth H. Campbell argues that a liability shield for companies who follow federal administrative guidance in reopening workplaces during COVID-19 will not lead to significantly less litigation, nor will it help ensure workplaces are safe. Estreicher and Campbell explain why the liability shields being proposed would not preclude protracted litigation.

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State v. Hachmeister

Docket: 114796

Opinion Date: June 5, 2020

Judge: Stegall

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction for the premeditated murder of his mother, holding that the prosecutor erred in one respect during closing argument but that the erroneous comment was harmless given the overwhelming evidence against Defendant. Specifically, the Supreme Court held (1) the district court did not err in admitting evidence of the victim's missing wedding ring and Defendant's possession of child pornography and charges stemming from this possession; (2) the prosecutor's statement during closing argument that the victim "could breathe just fine" crossed the line into speculation and was inflammatory, but the error was harmless in light of the trial as a whole; (3) Defendant's remaining claims of prosecutorial misconduct were without merit; and (4) the single error was insufficient to support reversal under the cumulative effect rule.

In re St. Clair Trust Reformation

Docket: 120050

Opinion Date: June 5, 2020

Judge: McAnany

Areas of Law: Trusts & Estates

The Supreme Court affirmed the order of the district court reforming an inter vivos trust created and funded by Jill Petrie St. Clair, holding that the district court's findings of fact were supported by clear and convincing evidence and that the district court properly applied the law. The district court reformed the trust at issue in order for the trust to express Jill's true intentions, which were not expressed in the original trust instrument due to a scrivener's error. Jill and the trustee asked the Supreme Court to affirm the district court's rulings to satisfy the requirements of Commissioner v. Estate of Bosch, 387 U.S. 456 (1967). The Supreme Court affirmed, holding that the district court did not err in reforming the trust because reformation was necessary for the trust to be consistent with Jill's original intent and to correct the error of the scrivener.