Will the Supreme Court Punt on an Age Discrimination Case?

The 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

Happy 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

For 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?

The 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 …

11 Things We Didn’t Know Last Week

News, discoveries and fun … 1. At the Washington National Zoo, a newborn panda cub that will weigh more than 200 pounds as an adult tipped the scales at 4.8 ounces. (Learn more at USA Today) 2. The legendary Linda Ronstadt “can’t sing a note” anymore. (Learn more at AARP) 3. A baldness drug could stop 175 jumbo jets full of men each year from getting prostate cancer. (Learn more at AARP) 4. With their brains “linked” via the Internet, a scientist controlled the movements …

Our Low-Tech High Court

At 53, Elena Kagan is the youngest justice on the U.S. Supreme Court. The oldest is Ruth Bader Ginsburg, who turned 80 on March 15. The average age of sitting justices is 67 years 4 months. Technology has changed a lot in the 27 years since Antonin Scalia took his seat on the court. The typical Fortune 500 CEO (average age: 55) might find it odd that the justices have all but shunned modern methods of communication. As Kagan explained …