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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Maves v. Department of Public Safety

Docket: S-17492

Opinion Date: January 22, 2021

Judge: Peter J. Maassen

Areas of Law: Constitutional Law, Criminal Law, Government & Administrative Law

In 1997, Kelley Maves was convicted of two sexual assaults in Colorado. He moved to Alaska in 2015, where the Department of Public Safety required him to register for life as a sex offender under the Alaska Sex Offenders Registration Act (ASORA). Maves appealed the Department’s decision to the superior court, arguing that one of the two convictions could not be used as the basis for a lifetime registration requirement because it had been set aside; with one conviction he would be required to register for only 15 years. His argument on appeal included a challenge to a 1995 departmental regulation that defined “conviction” as including those that had been set aside. The superior court affirmed the Department’s decision requiring the Maves to register for life. The Alaska Supreme Court concluded the 1994 version of ASORA was not plainly intended to apply to offenders whose convictions have been set aside, and that the 1995 regulation extending the Act’s reach to those convictions was not necessary to carry out the Act’s purposes. The Court therefore reversed the superior court’s decision upholding the requirement that Maves register under ASORA for life.