How Appealing



Monday, April 9, 2018

“Prior salary can’t justify wage gap between men and women, U.S. appeals court rules”: Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle has an article headlined “Court: Employers can’t set different pay for men and women doing same job.”

Mackenzie Mays of The Fresno Bee reports that “Fresno woman wins major court decision in her quest for equal pay for equal work.”

Sudhin Thanawala of The Associated Press has a report headlined “Court: Women can’t be paid less than men based on past wages.”

Robert Iafolla of Reuters has a report headlined “Salary history cannot justify sex-based pay gaps: U.S. appeals court.”

And Sarah Ruiz-Grossman of HuffPost reports that “Court Rules That Women Can’t Get Paid Less Than Men Based On Past Salaries.”

You can access today’s en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Deceased Ninth Circuit Judge Stephen Reinhardt wrote the opinion of the court, and — to the extent that he provided the dispositive vote for today’s central holding — this ruling provides one more example of the highly questionable practice of dead judges’ voting.

Posted at 11:30 PM by Howard Bashman



“Texas Supreme Court Totally Misunderstands Homosexuality in Sexual Harassment Opinion”: Christina Cauterucci has this essay online at Slate.

Posted at 11:08 PM by Howard Bashman



“A Triumph of Textual Analysis: The Texas Supreme Court Tackles the Issue of ‘Same-Sex’ Sexual Harassment.” Mark Pulliam has this post at his blog, “Misrule of Law.”

Posted at 10:24 PM by Howard Bashman



“Women dominate the state Supreme Court, but gender parity a long way off for other Wisconsin offices”: Lisa Speckhard Pasque of The Cap Times of Madison, Wisconsin has this report.

Posted at 9:52 PM by Howard Bashman



“Richard Hasen’s Jumble of Confusions — A Postscript”: Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 2:40 PM by Howard Bashman



“South Dakota prepares for sales tax showdown in U.S. Supreme Court”: Bob Mercer of The Rapid City (S.D.) Journal has this report.

Posted at 1:30 PM by Howard Bashman



“The Report on Race That Shook America: It came out in 1968—yet little has changed since the Kerner Commission denounced ‘white racism.'” Law professor Justin Driver will have this article in the May 2018 issue of The Atlantic.

Posted at 1:22 PM by Howard Bashman



“#MeToo Series: When Will #MeToo Become #WeToo?” At the “Take Care” blog, Leah Litman has a post that begins, “Four months ago, Judge Alex Kozinski chose to retire after the Washington Post published several accounts of his alleged inappropriate behavior. Two months ago, the Second Circuit Judicial Council announced that it would not continue its investigation into the judge’s misconduct, which effectively ended the public accounting of #MeToo in the federal courts.”

Posted at 9:37 AM by Howard Bashman