In Ruth We Trust: How the Pregnant Workers Fairness Act Can Promote Women’s Equal Citizenship and Justice Ginsburg’s Legacy

JOANNA L. GROSSMAN

In honor of the late Justice Ruth Bader Ginsburg, SMU Dedman School of Law professor Joanna L. Grossman explains how the Pregnant Workers Fairness Act (PWFA) can promote women’s equal citizenship and protect Justice Ginsburg’s legacy of shaping gender equality. Grossman argues that the PWFA could help break down entrenched occupational segregation in the American economy, and, in so doing, honor Justice Ginsburg’s lifelong commitment to ensuring that women can be full members of society.

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A Half Century After Its Publication, What Can “The Greening of America” Tell Us About the United States Today?

RODGER CITRON

In recognition of the 50-year anniversary of the publication of Charles Reich’s “The Greening of America,” Touro law professor Rodger D. Citron explains what Reich actually said in “The Greening,” explains why it generated such a strong response, and reflects on what the piece has to say about the fractures of our current moment. Citron cautions that the promise of a new consciousness is as alluring—and may be as illusory—as it was when Reich wrote the article and book, 50 years ago.

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Torres v. Barr

Docket: 13-70653

Opinion Date: September 24, 2020

Judge: Kim McLane Wardlaw

Areas of Law: Immigration Law

The en banc court overruled Minto v. Sessions, 854 F.3d 619 (9th Cir. 2017), and held that petitioner, who was present in the Commonwealth of the Northern Mariana Islands (CNMI) when the Immigration and Nationality Act (INA) became applicable there, was not removable under 8 U.S.C. 1182(a)(7)(a)(i). Section 1182(a)(7)(a)(i) applies to noncitizens who do not possess a valid entry document "at the time of application for admission." The en banc court held that the phrase "at the time of application for admission" refers to the particular point in time when a noncitizen submits an application to physically enter into the United States. Therefore, the en banc court granted the petition for review to the extent that the BIA determined that petitioner was removable "as an intending immigrant without a . . . valid entry document" under section 1182(a)(7). The en banc court held that the BIA properly concluded that petitioner is ineligible for relief in the form of cancellation of removal where substantial evidence supports the BIA's determination that petitioner failed to carry her burden of establishing ten years of continuous presence in the United States. Therefore, the en banc court granted in part and denied in part the petition for review, and remanded to the agency for a determination in the first instance as to whether petitioner was removable under the second ground originally charged in the Notice to Appear— removability as "[a]n alien present in the United States without being admitted or paroled" under section 1182(a)(6).