employment discrimination

States Immune from Suit for FMLA Violations Related to Self-Care

March 21, 2012 20:55

The Supreme Court issued it's opinion in Coleman v. Md. Ct. App. today, holding that Congress lacked the power to abrogate state immunity from suits for damages for violations of the FMLA's self-care provisions. Here's the syllabus: JUSTICE KENNEDY, joined...

Cunningham-Parmeter on Federalism and Immigration

March 21, 2012 20:44

Apropos of yesterday's federalism decision in the FMLA/11th Amendment context, Keith Cunningham-Parmeter (Willamette) has a nice piece on federalism in immigration laws: Forced Federalism: States as Laboratories of Immigration Reform. Here's the abstract: This Article questions the experimental...

Wasserman on Hosanna-Tabor and Jurisdiction

March 21, 2012 20:37

And in keeping with the federal courts/Supreme Court theme, Howard Wasserman (Florida International) has a really interesting essay on the Supreme Court's holding in Hosanna-Tabor Lutheran School v. EEOC that the ministerial exception is not jurisdictional in PENNumbra: Prescriptive Jurisdiction,...

Was Rehnquist a Racist and a Liar?

March 20, 2012 10:24

Today's New York Times contains an article that sparks an old controversy about former Chief Justice William Rehnquist. As you may know, Rehnquist was a conservative judge and no friend of liberal causes. He was Chief Justice of the U.S. Supreme Court for 19 years and his conservative views...

(c)(4) to the Rescue

March 15, 2012 11:17

One of my earlier posts suggests problems with relying on the EEOC to fill the gap created by Wal-Mart Stores v. Dukes for employment discrimination class actions. Today's post provides more reason to be optimistic about private class actions --...