Tag Archives: age discrimination
Is it Constitutional to Facilitate Exemption of Older Persons From Jury Service Based on Their Age? A California Provision Raises the Question

UC Davis Law professor Vikram David Amar discusses how California’s Rule of Court 2.1008, which allows individuals aged 70 and older to be excused from jury service due to disability without requiring documentation, may violate the Twenty-Sixth Amendment’s prohibition on age discrimination in voting rights. Professor Amar argues that since jury service is a form of political participation akin to voting, singling out those 70 and older in a way that reduces their jury participation based on assumptions about age and disability is constitutionally problematic, just as it would be to excuse women from juries based on assumptions about their domestic responsibilities.

Robert Hur’s Report on Biden Shows How Ageism Works

Amherst professor Austin Sarat criticizes the ageism evident in special counsel Robert Hur’s report on Joe Biden's handling of classified documents, highlighting its undue focus on the President’s age-related memory issues as irrelevant and prejudicial. Professor Sarat argues that such ageism, while pervasive and often ignored, undermines the valuable contributions of older individuals, emphasizing the importance of experience over age-related cognitive decline.

The Twenty-Sixth Amendment and the Real Rigging of Georgia’s Election

Illinois law dean Vikram David Amar explains why Georgia’s law allowing persons 75 years and older to get absentee ballots for all elections in an election cycle with a single request, while requiring younger voters to request absentee ballots separately for each election, is a clear violation of the Twenty-Sixth Amendment. Dean Amar acknowledges that timing may prevent this age discrimination from being redressed in 2020, but he calls upon legislatures and courts to understand the meaning of this amendment and prevent such invidious disparate treatment of voters in future years.

Untethered Textualism in the Seventh Circuit’s Kleber Ruling on Age Bias in Hiring

NYU law professor Samuel Estreicher comments on a recent decision by the US Court of Appeals for the Seventh Circuit that purports to interpret the Age Discrimination in Employment Act (ADEA) based on a textualist approach. Estreicher argues that the interpretation erroneously ignores the clear purpose of ADEA and constitutes a highly abstract interpretive venture that departs significantly from the legislators’ manifest intent.

Meet our Columnists
Vikram David Amar
Vikram David Amar

Vikram David Amar is a Distinguished Professor of Law at UC Davis School of Law and a Professor... more

Neil H. Buchanan
Neil H. Buchanan

Neil H. Buchanan, an economist and legal scholar, is a visiting professor at both Osgoode Hall... more

John Dean
John Dean

John Dean served as Counsel to the President of the United States from July 1970 to April 1973.... more

Michael C. Dorf
Michael C. Dorf

Michael C. Dorf is the Robert S. Stevens Professor of Law at Cornell University Law School. He... more

Samuel Estreicher
Samuel Estreicher

Samuel Estreicher is Dwight D. Opperman Professor of Law and Director of the Center of Labor and... more

Leslie C. Griffin
Leslie C. Griffin

Dr. Leslie C. Griffin is the William S. Boyd Professor of Law at the University of Nevada, Las... more

Joanna L. Grossman
Joanna L. Grossman

Joanna L. Grossman is the Ellen K. Solender Endowed Chair in Women and Law at SMU Dedman School... more

Marci A. Hamilton
Marci A. Hamilton

Professor Marci A. Hamilton is a Professor of Practice in Political Science at the University of... more

Joseph Margulies
Joseph Margulies

Mr. Margulies is a Professor of Government at Cornell University. He was Counsel of Record in... more

Austin Sarat
Austin Sarat

Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at... more

Laurence H. Tribe
Laurence H. Tribe

Laurence H. Tribe is the Carl M. Loeb University Professor Emeritus at Harvard University and... more

Lesley Wexler
Lesley Wexler

Lesley Wexler is a Professor of Law at the University of Illinois College of Law. Immediately... more