Reflections on the Movement in California to Repeal the State’s Ban on Affirmative Action

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar offers three observations on a measure recently approved by the California legislature that would, if approved by the voters, repeal Proposition 209, the voter initiative that has prohibited affirmative action by the state and its subdivisions since its passage in 1996. Amar praises the California legislature for seeking to repeal Prop 209 and for seeking to do so using the proper procedures, and he suggests that if Prop 209 is repealed, legal rationales for the use of race should be based not only on the value of diversity (as they have been for some time now), but also on the need to remedy past wrongs against Black Americans.

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Wilmington Trust, National Ass'n v. Berry

Citation: 2020 ME 95

Opinion Date: July 2, 2020

Judge: Humphrey

Areas of Law: Real Estate & Property Law

The Supreme Judicial Court affirmed the judgment of the district court in favor of Lisa Berry following a bench trial on the complaint for foreclosure filed by Wilmington Trust, National Association, as Trustee for MFRA Trust 2014-2 (Wilmington), holding that the district court did not err. Specifically, the Supreme Judicial Court held (1) the district court did not err by excluding evidence of business records showing Berry's payment history with various loan services because the business records were untrustworthy; (2) Wilmington failed to prove that Berry received a properly served notice of default and mortgagor's right to cure; and (3) the district court did not abuse its discretion in awarding attorney fees to Berry.