Believe All Women or Support Joe Biden?

SHERRY F. COLB

Cornell Law professor Sherry F. Colb comments on recent sexual assault allegations against presumptive Democratic nominee Joe Biden. Colb argues that if the only choices for President are Donald Trump and Joe Biden, the sexual assault allegation against the latter will take second fiddle to the need to defeat the former and defends this perspective as not manifesting hypocrisy or indifference to sexual assault or other intimate violence.

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State v. Taylor

Docket: 18-0502

Opinion Date: April 21, 2020

Judge: Walker

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

The Supreme Court affirmed the judgment of the circuit court giving Petitioner credit for twelve days of time served toward the sentence he received for his felony conviction although Petitioner spent additional time in confinement for other charges that were dismissed in the universal plea agreement, holding that to grant Petitioner additional credit for time served would do little more than reward Petitioner for habitual criminal behavior. Petitioner was charged with several crimes and agreed to resolve the pending charges against him in a universal plea agreement. Under the terms of the agreement, Petitioner agreed to plea guilty to the charge of felony carrying a concealed firearm by a prohibited person. In exchange, the State agreed to drop the remaining charges. After he was sentenced, Petitioner argued that, in addition to the twelve days of credit for time served he was granted, he was constitutionally entitled to credit for time served while he was incarcerated for charges that were resolved in the universal plea agreement. The Supreme Court affirmed, holding that Petitioner's circumstances implicated neither double jeopardy nor equal protection of the law such that additional credit for time served was constitutionally mandated.

Morrisey v. West Virginia AFL-CIO

Docket: 19-0298

Opinion Date: April 21, 2020

Judge: Jenkins

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

The Supreme Court reversed the rulings of the circuit court finding that the Workplace Freedom Act (the Act) infringes upon the rights to associate, as well as the liberty and property rights, of labor unions that are member organizations of the AFL-CIO (Labor Unions), holding that the Act does not violate constitutional rights at issue. In 2016, the Legislature enacted the Act, which prohibits collective bargaining agreements that require an employee to pay any dues, fees, assessments, or other similar charges as a condition of employment, or as a condition for the continuation of employment, when the employee has chosen not to join a union. On remand, the circuit court ruled that the Act unconstitutionally fringes on the rights of the Labor Unions, who represent both private and government workers in West Virginia. The Supreme Court reversed, holding that the Act does not violate the West Virginia Constitution's protections of association, property, and liberty rights.