Once upon a time, there was a general perception that no employee would file a sexual harassment action against a powerful group of attorneys over the kind of “boys will be boys” behavior typical in some workplaces around the country.But that perception changed dramatically one day in 1994.A secretary at Baker & McKenzie, one of the country’s biggest and best known law firms, filed an employment discrimination case against the firm and a partner, Martin R. Greenstein, alleging that Greenstein had sexually harassed her and other firm employees in conduct dating back to 1991 and earlier. Among other things, she alleged that he gestured as if he were going to cup her breasts and asked her about the wildest thing she had ever done.On Sept. 1, 1994, a California Superior Court jury awarded the secretary a total of about $7 million.The total price tag eventually included $50,000 in compensatory damages against both defendants, $225,000 in punitive damages against … [Read more...] about Hidden Harassment
Fear based appeals effective at changing attitudes behaviors after all
Louisiana, perhaps one of the most beautiful, unique, and culture-rich states in the nation, is truly a place like no other. Despite its laissez-faire attitude, crime and violence continue to plague Louisiana, from its lively cities to once peaceful towns nestled on the bayou.[i] Louisiana is dangerously disassociating itself as a true Sportsman’s Paradise and is encroaching on a reputation as the nation’s murder capital.[ii] While violent-crime rates continue to drop across the country, Louisiana is one of a few states where violent crime has remained fairly consistent.[iii] In comparison with the national average, Louisiana has the second highest murder rate per capita in the country.[iv] Approximately ten murders are reported for every one hundred thousand people.[v] Louisiana has also seen a marked increase in robbery and automobile thefts.[vi] Historically, Louisiana is also known for having the highest incarceration rate in the nation.[vii] Crime not only has … [Read more...] about Louisiana’s Statewide Motor Vehicle Theft and Uninsured Motorist ID Program: The Short Life and Senseless Death of Senate Bill 250
Gordon Lederman, chief counsel for national security and investigations of the U.S. Senate Homeland Security and Governmental Affairs Committee, and Kate Martin, director of the nonprofit Center for National Security Studies, ponder how we should weigh security against liberty. Their essays are part of a forthcoming book, Patriots Debate: Contemporary Issues in National Security Law. The book—edited by Harvey Rishikof, Stewart Baker and Bernie Horowitz—is scheduled for publication this summer by the ABA Standing Committee on Law and National Security, which invited both writers to address coerced interrogation.GORDON LEDERMAN’S POSITION:Gordon LedermanHomegrown terrorism is a major national security threat to the United States in the 21st century because of the combination of violent extremist ideology—especially violent Islamist extremism and its suicidal terrorism—with the Internet accelerating an individual’s radicalization and with the … [Read more...] about The Threat from Within: What Is the Scope of Homegrown Terrorism?
Note: This month’s CLE, “A Storm Brews Over Wind Power,” was on Wednesday, Feb. 17.It is a bright mid-September day. Hal and Judy Graham are sitting in the living room of their restored 19th century farmhouse, which looks out over the still-green rolling hills near Cohocton, a rural community in the Finger Lakes region of upstate New York.The pastoral view is punctuated by two 420-foot-high structures. The sleek towers, almost alien in appearance, are wind turbines. One of them stands 1,000 feet from the farmhouse, on a neighbor’s property. The second is 2,000 feet away on the Grahams’ own land.On this afternoon in the late summer of 2009, the twin Goliaths are still. One was shut down last winter after a flurry of attempted repairs, and the other has unaccountably been shut down for just a couple of days. But the Grahams expect it to be only a temporary respite. When the winds are high and the turbines are spinning fast, “it sounds like a jet … [Read more...] about The War of Winds
Place yourself in the shoes of a humble gardener from Mexico in San Jose, California.  You completed your tasks, but your employer refuses to pay you. As a result, you file a complaint with the California Labor Commissioner (CLC), and although a judgment of $50,000 in unpaid wages is entered against your employer, you remain unpaid.  You continue to request payment via a letter.  Instead, your employer comes to your front door and threatens you, stating that he will have you deported.  This same employer also threatened your co-worker, telling him that he would frame him by planting drugs in his car.  Imagine living with fear simply because your employer can use your immigrant status against you and, even if he does, the recourse available is limited and may not, ultimately, save you from deportation.  I. INTRODUCTION The gardener’s story is just one example of the various workplace violations impacting … [Read more...] about Filling The Gap: Immigrant Status As Title VII’s Missing Piece