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Race Discrimination

Federal Oversight of Local Police Departments - Podcast

Criminal Law & Procedure Practice Group Podcast
Chuck Canterbury, Vanita Gupta, Brian M. Fish April 25, 2017

Under Attorney Generals Eric Holder and Loretta Lynch, the Department of Justice entered into a number of consent decrees with local police departments to change certain police practices.  Given the ongoing review of these decrees, how will the federal government’s approach to police practices change during Jeff Sessions’ tenure as Attorney General?  What alternative methods might the DOJ employ or encourage states and municipalities to employ to help remedy problematic police practices?

Featuring:

  • Chuck Canterbury, President, Fraternal Order of Police
  • Vanita Gupta, President, The Leadership Conference on Civil and Human Rights
  • Moderator: Brian Fish, Special Assistant, United States Attorney, Baltimore, Maryland

Litigation Update: Davis v. Guam - Podcast

Civil Rights Practice Group Podcast
J. Christian Adams April 13, 2017

On March 8, Judge Frances M. Tydingco-Gatewood of the District Court of Guam struck down a Guam law that permitted only those who meet the definition of “Native Inhabitants of Guam” to vote in a future status plebiscite. This decision has been met with opposition from elected officials, protests at the federal courthouse, public rallies, and now an appeal to the Ninth Circuit Court of Appeals.

Supporters of the plebiscite are forcing a reexamination of the role of the United States on this strategically important island and opponents contend they are doing so without giving all citizens a voice in the process. What did the district court decide, and what does the reaction say about the rule of law and respect for the Constitution?  Christian Adams joined us to discuss the latest in Davis v. Guam.

Featuring:

  • J. Christian Adams, Election Lawyer Center

Pena-Rodriguez v. Colorado: Post Decision Recap - Podcast

Criminal Law & Procedure Practice Group Podcast
John C. Richter March 24, 2017

On March 6, 2017, the Supreme Court released its 5-3 decision in Pena-Rodriguez v. Colorado. The majority opinion, written by Justice Kennedy, reveresed and remanded the case holding that when there is a juror's clear statement that he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the trial court consider the evidence of the statement and any resulting denial of the jury trial guarantee. John Richter, Partner at King & Spalding, joined us to discuss the important ramifications of the Court's striking decision. 

Featuring:

  • John Richter, Partner, King & Spalding

Hardie v. NCAA: Can the NCAA Bar Convicted Felons from Coaching in NCAA-Certified Recruiting Tournaments? - Podcast

Civil Rights Practice Group Podcast
Joshua P. Thompson, Roger B. Clegg March 07, 2017

Hardie v. NCAA is a recently argued case from the Ninth Circuit. It involves a NCAA ban on all convicted felons from coaching in NCAA-certified tournaments held for recruiting student-athletes to NCAA Division I schools. The key question is whether this policy has a “disparate impact” (disproportional statistical effect, but without any racially discriminatory intent) on African Americans -- and whether Title II of the 1964 Civil Rights Act, which precludes “discrimination or segregation on the ground of race, color, religion, or national origin” in “places of public accommodation,” bans such disproportionate results. The district court ruled that Title II did not cover disparate impact, but, in a surprising move, the NCAA abandoned that winning argument on appeal.

Pacific Legal Foundation Senior Attorney Joshua Thompson discussed the parties’ arguments and explained why PLF as amicus was the only party to support the lower court’s judgment. Roger Clegg, President and General Counsel of the Center for Equal Opportunity, will also join us to moderate the call.

Featuring:

  • Mr. Joshua P. Thompson, Senior Attorney, Pacific Legal Foundation
  • Moderator: Mr. Roger Clegg, President & General Counsel, Center for Equal Opportunity

ABA Rule 8.4 - Podcast

Professional Responsibility & Legal Education and Free Speech & Election Law Practice Groups Podcast
Eugene Volokh December 13, 2016

Professor Eugene Volokh of the UCLA School of Law joined us Monday, December 12 to discuss the ABA’s new Rule 8.4 on professional misconduct. The Rule states that it is professional misconduct for a lawyer to “engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.” The ABA goes further in Comments, stating that “Such discrimination includes harmful verbal or physical conduct that manifests bias or prejudice towards others,” and that the Rule applies in any situation, even social, that is “connected to the practice of law.” Professor Volokh discussed the First Amendment implications and reaction to the new rule.

Featuring:

  • Professor Eugene Volokh, , Gary T. Schwartz Professor of Law, UCLA School of Law