How the EEOC’s Maintenance of an “Alleged Offenders” Log Can Help Prevent the Next Harvey Weinstein

SAMUEL ESTREICHER, JOSEPH SCOPELITIS

NYU law professor Samuel Estreicher and recent graduate Joseph A. Scopelitis argue that the EEOC should maintain a log of “alleged offenders” to help prevent the next Harvey Weinstein. Estreicher and Scopelitis explain why such a log would effectively balance the interests of the alleged offender and victim, the employer, and the public.

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State v. Garcia

Docket: 112502

Opinion Date: June 12, 2020

Judge: Carol A. Beier

Areas of Law: Civil Procedure, Criminal Law, Immigration Law

The Supreme Court vacated its decision reversing the lower courts' conclusions that the Immigration Reform and Control Act of 1986 (IRCA) did not preempt Defendant's prosecution for identity theft, holding that, in accordance with the decision of the United States Supreme Court on certiorari in this case, Defendant's prosecution was not preempted by the IRCA. A district court judge found Defendant guilty after denying his motion to dismiss charges based on representations in his W-4 employment form and I-9 form. On appeal, Defendant argued that the IRCA preempted identify theft prosecutions. The court of appeals affirmed. The Supreme Court reversed, concluding that IRCA preempted Defendant's prosecution. The United States Supreme Court granted certiorari and held that state law prosecutions for identity theft were not preempted by the IRCA. The Kansas Supreme Court affirmed in accordance with the decision of the United States Supreme Court.

State v. Morales

Docket: 111904

Opinion Date: June 12, 2020

Judge: Carol A. Beier

Areas of Law: Civil Procedure, Criminal Law, Immigration Law

The Supreme Court vacated its decision reversing the judgment of both the court of appeals and district court concluding that the Immigration Reform and Control Act of 1986 (IRCA) did not preempt Defendant's prosecution for identity theft and making false information, holding that, in accordance with the decision of the United States Supreme Court on certiorari in this case, Defendant's prosecution was not preempted by the IRCA. A district court judge found Defendant guilty after denying his motion to dismiss charges based on representations in his W-4 employment form. On appeal, Defendant argued that the IRCA preempted identify theft and making false information prosecutions. The court of appeals affirmed. The Supreme Court reversed, concluding that IRCA preempted Defendant's prosecutions. The United State Supreme Court granted certiorari and held that state law prosecutions for identity theft and making false information were not preempted by the IRCA. The Kansas Supreme Court affirmed in accordance with the decision of the United States Supreme Court.

State v. Adams

Docket: 120475

Opinion Date: June 12, 2020

Judge: Wilson

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

The Supreme Court affirmed the decision of the district court denying Defendant's postsentencing motion to withdraw his guilty plea after it found that the record conclusively showed Defendant's plea was knowing and voluntarily made, holding that the district court correctly denied the motion. Defendant pled guilty to premeditated first-degree murder, aggravated robbery, felony theft, forgery, and misdemeanor theft. In his motion to withdraw his guilty plea, Defendant argued that he had a mental illness that rendered his plea involuntary. The district court denied the motion. On appeal, Defendant argued that the district court erred in denying his motion without an evidentiary hearing and that his counsel was ineffective because he did not have Defendant undergo a mental health evaluation. The Supreme Court affirmed, holding (1) Defendant failed to show the manifest injustice necessary to allow him to withdraw his plea; and (2) counsel's decision to forgo a mental health evaluation did not constitute deficient representation.

State v. Glover

Docket: 116446

Opinion Date: June 12, 2020

Judge: Marla J. Luckert

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

The Supreme Court vacated its judgment reversing the judgment of the court of appeals, which reversed the district court's ruling granting Defendant's motion to suppress evidence obtained during a traffic stop, holding that the district court's judgment is affirmed in accordance with the decision of the United States Supreme Court. The district court determined that the officer lacked reasonable suspicion of illegal activity when he stopped the vehicle, making the seizure of Defendant a violation of his Fourth Amendment rights. The court of appeals reversed. The Supreme Court reversed the court of appeals. The United States Supreme Court granted the State's petition for a writ of certiorari and reversed, holding that the investigative traffic stop was reasonable under the Fourth Amendment. Accordingly, the Kansas Supreme Court vacated its judgment reversing the court of appeals and remanded for further proceedings.

State v. Dinkel

Docket: 113705

Opinion Date: June 12, 2020

Judge: Eric S. Rosen

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the court of appeals affirming Defendant's convictions for two counts of rape of a child under the age of fourteen, holding that the court of appeals erred in concluding that rape of a child has no mental culpability requirement so Defendant's intent was irrelevant. On appeal, Defendant argued that K.H., the alleged victim, raped her and that she continued the sexual contact because K.H. was blackmailing her and she had a mental disease or defect. The court of appeals concluded that whether K.H. forced the sexual encounter was irrelevant. The Supreme Court reversed, holding that even if Defendant's rape defense was not relevant to a mental culpability requirement, it was relevant to the actus reus requirement. The Court remanded the case to the district court for a Van Cleave hearing to determine whether defense trial counsel was ineffective for failing to argue that the State never established the voluntary act requirement.

State v. Tucker

Docket: 119242

Opinion Date: June 12, 2020

Judge: Marla J. Luckert

Areas of Law: Criminal Law

The Supreme Court reversed the judgment of the district court ordering Defendant to pay $5,000 in restitution, holding that Defendant met his burden to present some evidence of compelling circumstances to prove the restitution was unworkable. Defendant pleaded guilty to one count of capital murder. The district court sentenced Defendant to prison for life without parole and ordered him to pay restitution but without explicitly ordering payments from prison. The district court judge who had previously found Defendant indigent stated, "[a]nd I understand with the restitution of 5,000 that it will never be paid." The Supreme Court reversed, holding that, under the circumstances, the district court abused its discretion in ordering restitution.