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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DiTucci v. Bowser

Docket: 19-4107

Opinion Date: January 21, 2021

Judge: Harris L. Hartz

Areas of Law: Real Estate & Property Law

Defendant William Bowser appealed to challenge an interlocutory order forbidding him from transferring or encumbering a residence he was arranging to purchase and requiring him to deposit almost $350,000 with the district court. The Tenth Circuit dismissed the appeal for lack of appellate jurisdiction. The district court characterized its order as a prejudgment writ of attachment, which was unappealable. And although the Court might agree with Mr. Bowser that the characterization was incorrect, the Court disagreed that the order should have been characterized as an injunction that he would have a right to appeal under 28 U.S.C. 1292(a)(1). The Court declined to treat the order as the equivalent of an injunction because Mr. Bowser did not show that it “might have a serious, perhaps irreparable, consequence.”