Supreme Court

Your Town Tells You to Move. Would You?

Posted on 11/14/2013 by | Legal Grounds | Comments

Bulletin TodayImagine that you’ve lived in the same neighborhood for most of your life. Your friends, your family, your personal history are all rooted there. Sure, the neighborhood isn’t as desirable as it once was. It’s fallen on hard times, and there’s a lot of crime. But it’s home. Then the town decides that your neighborhood is a dump. It wants to make the working-class area more upscale by “revitalizing” it, but that means displacing you and your neighbors, most of …

Supreme Court Takes a ‘DIG’ at Age Discrimination

Posted on 10/16/2013 by | Legal Grounds | Comments

Bulletin TodayIt was over before it began. Last week I wrote here about Madigan v. Levin, an age discrimination case before the Supreme Court. I explained that the oral argument didn’t seem to go so well for Harvey Levin, who seeks to establish that plaintiffs complaining of age discrimination can bring both constitutional and Age Discrimination in Employment Act (ADEA) claims. Supreme Court watchers expected a decision in the case before June, probably sooner. “Sooner,” as it turned out was right. …

Will the Supreme Court Punt on an Age Discrimination Case?

Posted on 10/9/2013 by | Legal Grounds | Comments

Bulletin TodayThe Supreme Court’s new term started off with a bang on Oct. 7 with the oral arguments in Madigan v. Levin, a major age discrimination case. Harvey Levin, 61, was asking the Court to decide whether the federal Age Discrimination in Employment Act (ADEA) blocked him from any asserting any claims he might otherwise have under the U.S. Constitution. Here’s the lowdown: After a long career during which he says supervisors reviewed his work positively, Levin was fired from his …

On First Monday, Some Supreme Court Milestones

Posted on 10/7/2013 by | Legal Grounds | Comments

Bulletin TodayHappy First Monday! You may know that the U.S. Supreme Court starts its term every year on the first Monday of October. But you may not have realized that all the justices on the nation’s highest court are eligible for membership in AARP. (The youngest is Justice Elena Kagan, who’s 54.) The nine justices are fine evidence for the theory that people who love what they do stay young at heart. The oldest justice ever? Oliver Wendell Holmes, who retired …

Sandra Day O’Connor: Class Dismissed … and Inspired

Posted on 09/18/2013 by | Legal Grounds | Comments

Bulletin TodayFor those of us who love the law, what’s best about it is how it is always developing, changing, adding data points like dots in a pointillistic picture. For those of us with a career in the law, staying engaged with — and curious about — theory and policy and societal progress transform a 30- or 40- or 50-year occupation into a passion. I’ve been trying to get my students to drink the “legal education is fascinating for its own …

Are Age Bias Suits Really Down?

Posted on 09/6/2013 by | Legal Grounds | Comments

Bulletin TodayThe New York Times reported last week that the Supreme Court’s 2009 ruling in Gross v. FBL Financial Services has changed the legal landscape for age discrimination cases. The problem? Even though many older workers who lose their jobs think that age discrimination played a role in their terminations, the burden of proof required is now so high that lawyers just don’t see the cases as winners. Given that the Times didn’t back up its assertion that “most lawyers won’t even take …