Justia columnist Joanna Grossman and Justia guest columnist Leon Friedman, both Hofstra law professors, comment on the landmark Supreme Court case of Gideon v. Wainright, which established the right to an attorney for those who are facing felony charges, and who would not otherwise be able to afford a lawyer. The column is timely, as the Gideon precedent is now fifty years old. In their column, Grossman and Friedman describe the state of the law before the ruling in Gideon, note the arguments that persuaded the Court to declare a right of appointed counsel for those who could not afford counsel, and explain the meaning of the ruling.
Justia columnist and Hofstra law professor Joanna Grossman discusses the Family and Medical Leave Act (FMLA) on its twentieth anniversary. Grossman notes that after an eight-year fight over its provisions, the FMLA was left somewhat anemic when it was finally enacted into law. Grossman also explains specifically why the FMLA is disappointing to many workers: For instance, many U.S. workers are not eligible for FMLA leave; many of the eligible cannot afford to take leave; and the FMLA has done little to alter the disproportionate burden of caretaking that falls on women in most families. In addition, Grossman points out, the FMLA did not alter the U.S.’s disappointingly low ranking among industrialized countries when it comes to medical and caretaking leave benefits for workers. Grossman urges some much-needed fixes to the FMLA, advocating that the law should be changed to solve some serious problems with, and close some worrisome gaps in, leave benefits, which she details.
Justia columnist and Hofstra law professor Joanna Grossman discusses a New Jersey case in which the state’s high court held unanimously—and perhaps surprisingly, to some—that the state may not find a newborn to be abused or neglected based solely on evidence of prenatal drug exposure, without evidence of actual harm to the child. Grossman covers the problem of drug use among pregnant women; states’ various approaches to that problem; and the question of when pre-natal drug use should be deemed child abuse under the law.
Justia columnist and Hofstra law professor Joanna Grossman, and Justia guest columnist and Stanford law professor Lawrence Friedman explain the rule that one who slays his or her spouse cannot then inherit from that spouse. To illustrate the doctrine, Grossman and Friedman focus on a case involving a murder in the British Virgin Islands (BVI), and raise the interesting question of who determines, in this context, if a suspect was actually the slayer. They also explain why not only the slayer, but also the slayer’s children, are barred from inheriting from the murder victim. In addition to the BVI case, Grossman and Friedman cover a long-ago New York case that they deem the grandfather of all slayer cases, as well as a few other, more recent slayer cases.
Justia columnist and Hofstra law professor Joanna Grossman comments on DoD’s recent decision to remove the ban on women in combat. After providing a brief history of women in the military, Grossman characterizes the ban as having been a stubborn form of sex discrimination, and notes that the ban had been honored in the breach, as military women were increasingly participating in combat roles that put them in harm's way, as a number of their deaths have sadly proven. Thus, Grossman calls on the military to recognize the reality that women already occupied what are in effect combat roles, even before the DoD restrictions were lifted, and to ensure military women’s equality by addressing the high level of sexual abuse in the military.
Justia columnist and Hofstra law professsor Joanna Grossman, and Justia guest columnist and Stanford law professor Lawrence Friedman comment on a case that raised the issue whether workers' compensation covered an injury that was incurred during sex on a business trip, with the injury at issue involving a broken and dangerous light fixture. Grossman and Friedman explain why, though the Australian woman who suffered the light-fixture injury prevailed on her workers' compensation claim, and most American claimants injured during sex on a business trip likely would, too, other would-be claimants with sex-on-a-business-trip injuries have been left without any remedy from workers’ compensation.
Justia columnist and Hofstra law professor Joanna Grossman takes strong issue with a recent Iowa Supreme Court decision holding that a male dentist did not violate a law banning sex discrimination in employment when he fired his very competent dental assistant simply because he was attracted to her. Grossman argues that the Iowa courts should, in this case, have recognized that the dentist perpetrated what is called “sex-plus discrimination,” which joins sex discrimination with another factor, such as an attraction to a particular person of that sex. Thus, Grossman explains, it is not a factor in the dentist's favor, legally, that he had hired other female assistants, and did not harass them. When women are treated worse than men at work because of their gender, Grossman concludes, discrimination law must apply, regardless of how many women are harassed or how selective or attraction-based the harasser may be.
Justia columnist and Hofstra law professor Joanna Grossman comments on the two upcoming U.S. Supreme Court cases relating to same-sex marriage. The first case presents the question whether the federal Defense of Marriage Act (DOMA)—one provision of which precludes the federal government from giving effect, for any federal law purpose, to a validly celebrated same-sex marriage—is unconstitutional. The second case raises the issue of the constitutionality—or lack thereof—of a voter referendum in California that eliminated a right of same-sex marriage that the state’s highest court had previously ruled to be constitutionally necessary. Grossman provides detailed background on same-sex marriage developments in the U.S., and then goes on to analyze the issues raised by DOMA and the California referendum, respectively, and to consider the various possible outcomes that the Court might reach in each Supreme Court case. While Grossman notes that the Supreme Court has often tended to rule in ways that bring along straggler states on social justice issues, rather than being ahead of the states as a group, she also notes that this case could be an exception to that pattern.
Justia columnist and Hofstra law professor Joanna Grossman comments on the legal definition of “supervisor” in the context of the law addressing harassment in the workplace. The topic is especially timely because the Supreme Court just recently held oral argument in Vance v. Ball State University, which focuses on this very issue. Grossman begins by covering workplace harassment basics, and then goes on to consider the scope of employers’ affirmative defense to a workplace harassment claim—which has proven to be a highly contested issue. She then focuses on Vance itself, discussing both the facts of that case, and the split among the federal circuits about who qualifies as a “supervisor.” Grossman ultimately comes down in favor of the EEOC’s definition of “supervisor,” arguing that it is clearly correct. She also comments on some of the Justices’ apparent positions on the matter, as likely betrayed by their respective comments at oral argument.
Justia columnist and Hofstra law professor Joanna Grossman evaluates the meaning of the votes cast across the nation on the various pro-same-sex marriage referendums. Such referendums passed in Maryland, Maine, and Washington State. Grossman describes the details of the various referendums and other ballot measures relating to same-sex marriage, and notes the split, in each state she discusses, regarding votes for Obama and for Romney, respectively. Grossman explains why such referendums are noteworthy: (1) the common but not necessarily correct idea that this is an issue for the people (not courts) to decide; (2) the fact that the referendums may augur the future of same-sex marriage in America; and (3) the referendums show that young voters tend to be pro-same-sex marriage, and as more and young people reach voting age, there very likely will be even more pro-same-sex marriage voters. Grossman concludes, citing relevant statistics and developments, that among young people, and Americans generally, we are seeing a sea change toward support of gay marriage.
Justia columnist and Hofstra law professor Joanna Grossman comments on a flagrant case of sexual harassment in a grocery store, which eventually led to litigation that came before the U.S. Court of Appeals for the Second Circuit. The case, as Grossman explains, arose from the store owner’s fiance’s habit of touching sexually, and otherwise sexually harassing, the store’s employees, who were mostly teenage girls. The girls complained, but nothing was done. Ultimately, the store was found liable for sexual harassment. Grossman explains the steps necessary to win such a case, and discusses the question of the scope of the remedy that was imposed upon the store in this case. She also notes that in such cases, both legal remedies (money damages) and equitable remedies (court orders to do or refrain from doing something) are appropriate.
Justia columnist and Hofstra law professor Joanna Grossman comments on the second presidential debate, and especially on Mitt Romney’s now-famous comment about “binders full of women,” which has now become an Internet meme. Grossman argues that the comment reveals Romney’s dated and uninformed view of women in the workplace. She also notes that Romney, while avoiding the question about pay inequity that led to the “binders” comment, revealed that he believes that the only workers who need flexible schedules are women, apparently due to the assumptions that all women have children, and that only women perform child care.
Justia columnist and Hofstra law professor Joanna Grossman discusses the law relating to paternity fraud—that is, to instances when women falsely claim that one man has fathered their child, when in fact, the child's father was another man. Grossman focuses on a Tennessee case that fits that very scenario. There, the man who was falsely led to believe that a child was his, and who consequently paid child support for that child, sued his ex-wife for damages, and won on his claim for intentional misrepresentation of paternity. As Grossman notes, a few other states take approaches similar to Tennessee's. Grossman also covers the approach that the Uniform Parenthood Act (UPA) takes to this issue.
Justia columnist and Hofstra law professor Joanna Grossman, and Justia guest columnist and Stanford law professor Lawrence Friedman comment on the law regarding the despicable practice of “upskirting.” As Grossman and Friedman explain, upskirting is the secret taking of photos or videos with a camera that is angled so as to look up a woman’s skirt. They begin by discussing expectations of privacy, and go on to consider the particular invasion of privacy that is perpetrated through upskirting. They then note that while one might assume that upskirting (and its counterpart, downblousing) in a public place would be illegal and penalized in every jurisdiction, in fact that is not the case. Grossman and Friedman explain the puzzling legal status of upskirting in many jurisdictions, and comment on why the current law in this area often defies our intuitions about privacy—though some recent state laws are now authorizing punishments for upskirters.
Justia columnist and Hofstra law professor Joanna Grossman comments on some troubling aspects of the federal regulations regarding single-sex public schools and public-school classes, and how those regulations have often been distorted in practice. These developments, Grossman notes, have led to a current nationwide ACLU investigation, from which preliminary findings have been made; and to a lawsuit, with more suits possibly to come. Grossman first explains the law and regulations that govern single-sex public schools and public-school classes, some of which derive from George W. Bush Administration regulatory changes that took effect in 2006. Detailing the content of the regulations, Grossman then argues that they not only run afoul of the law, but are also likely damaging the very children whom they are supposed to be helping. She also questions the decision to have schools self-enforce the very rules that are supposed to bind them. In addition, Grossman cites other baleful aspects of the 2006 changes, including their tendency to invite gender stereotyping, along with gender segregation, and the fact that they were based on what is clearly now-discredited science. Grossman argues that the Obama Administration’s Department of Education’s Office of Civil Rights (OCR) should now take the opportunity to correct and update the regulations at issue.
Justia columnist and Hofstra law professor Joanna Grossman discusses two recent cases of workplace harassment, one at a New York Assemblyman’s office, and another at a Chrysler factory. She focuses, especially, on why, in both cases, the harassment was allowed to continue for significant periods of time, despite the fact that the relevant decisionmakers knew about it. Grossman also raises the related question of why the prospect of even whopping punitive damages awards did not seem to make a difference in these two cases, with the harassers still being allowed to continue their bad behavior, even in the face of potentially massive legal sanctions. She also discusses the lessons that other employers should learn, from these cases, so that they, too, do not go astray, and then have to pay handsomely in court.
Justia columnist and Hofstra law professor Joanna Grossman discusses an interesting legal issue: If a person enters into a civil union with one person, and then later enters into a marriage with another, is he or she guilty of bigamy? The Massachusetts Supreme Judicial Court said yes, ruling that for this purpose, a civil union is tantamount to a marriage. Grossman sets out the background regarding the advent of civil unions in a number of states, and then explores the bigamy issue. She also notes that because the civil union is still a relatively a novel legal status, unforeseen problems have sprung up, such as the difficulty of getting courts to dissolve such unions—which has led some couples to be stuck in unhappy civil unions without recourse, and thus to simply walk away, with no legal termination of the union. When a member of such a couple then sought to marry, Grossman notes, the bigamy issue posed another thorny legal conundrum for the courts. To make things even more complicated, too, Grossman observes, some states do not recognize other states’ civil unions, and others do.
Justia columnist and Hofstra law professor Joanna Grossman comments on recent and past developments regarding the Defense of Marriage Act (DOMA), which sought to ignore valid same-sex marriages for federal purposes, such as the receipt of federal benefits. Grossman covers the beginning of DOMA; describes DOMA’s effect, including the legal havoc it wrought; and notes recent developments that she predicts will ultimately spell the death of DOMA. With four federal courts striking down DOMA’s key provision, Section Three, in just the last six months—in decisions that Grossman describes in detail—and the Department of Justice refusing to defend the law, Grossman suggests that the law cannot stand much longer.
In Part Two of a two-part series of columns, Justia columnist and Hofstra law professor Joanna Grossman continues her discussion of the application of Title IX of the Education Amendments of 1972, which effected a ban on sex discrimination by educational institutions that receive federal funding. Grossman focuses especially on the recent case of Student v. Henderson Independent School District (HISD), in which a school district was sanctioned by a federal agency for failing to respond to a complaint of student-to-student sexual assault; and the legal standards that produced that result. Here, Grossman stresses, among other points, that a police investigation of alleged sexual harassment or assault is no substitute for the required school investigation that is mandated.
In Part One of a two-part series of columns, Justia columnist and Hofstra law professor Joanna Grossman discusses the application of Title IX of the Education Amendments of 1972, which effected a ban on sex discrimination by educational institutions that receive federal funding. Grossman focuses especially on the recent case of Student v. Henderson Independent School District (HISD), in which a school district was sanctioned by a federal agency for failing to respond to a complaint of student-to-student sexual assault; and the legal standards that produced that result.