Latest 3 Cases: Gay v. State (Civil Rights), Ozark Mountain Solid Waste District v. JMS Enterprises, Inc. (Constitutional Law), Kellensworth v. ...

Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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Gay v. State

Citation: 2021 ARK. 3

Opinion Date: January 21, 2021

Judge: Kemp

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the order of the circuit court denying Appellant's petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.5, holding that the circuit court failed to make specific written findings of fact and conclusions of law on Appellant's last claim of ineffective assistance of counsel. Appellant was convicted of capital murder and sentenced to death. The Supreme Court affirmed. Appellant later filed a petition for postconviction relief, alleging, among other things, that his trial counsel was ineffective for failing adequately to investigate and challenge aggravation factors. The circuit court denied the petition. The Supreme Court reversed, holding that the circuit court failed to make findings of fact or conclusions of law addressing Appellant's last claim of ineffective assistance of counsel, as required under Rule 37.5(i). The Court remanded the case to the circuit court for entry of an order that complies with Rule 37.5(i).

Ozark Mountain Solid Waste District v. JMS Enterprises, Inc.

Citation: 2021 ARK. 4

Opinion Date: January 21, 2021

Judge: Karen R. Baker

Areas of Law: Constitutional Law, Utilities Law

The Supreme Court dismissed this appeal stemming from an illegal-exaction case challenging whether a court-ordered annual service fee charged to customers by Ozark Mountain Solid Waste District to repay Ozark Mountain's creditors is statutorily or constitutionally permitted, holding that the order was not a final order. Specifically, the Supreme Court held that the order in this illegal exaction case was not a final, appealable order because it contemplated further action by the parties and the circuit court. Further, the record demonstrated that the Attorney General did not seek a Rule 54 certificate to certify the issues presented for appeal. Because the order was not a final order, the Supreme Court dismissed the appeal.

Kellensworth v. State

Citation: 2021 ARK. 5

Opinion Date: January 21, 2021

Judge: Rhonda K. Wood

Areas of Law: Criminal Law

The Supreme Court affirmed Defendant's conviction fo multiple drug crimes, holding that the circuit court did not err or abuse its discretion. On appeal, Defendant argued that there was insufficient evidence to support the convictions because the State's expert identified the drugs only via visual inspection and that the court erred in denying his motion to suppress because the search warrant was defective. The Supreme Court affirmed, holding (1) sufficient evidence supported both possession convictions; (2) the incorrect information on the warrant was mitigated by the fact that the officers executing the warrant knew which home was to be searched; and (3) the circuit court did not abuse its discretion when it limited certain evidence.