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#WhyIMarch

Because my Great Great Grandmother, Gorina Stensby Wheeler, saw her husband trade her daughter into marriage in exchange for livestock. Because Gorina had the courage to leave that husband, move to a new state, and set up a new life for her and her remaining children — all at a time when women Did. Not. Do. Those. Things. Because Gorina […]

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Developments in LGBTQ Law: Good News From the Courts

Things have not been looking particularly rosy for the LGBTQ community and their allies and friends.  Vice President-Elect Mike Pence’s support of damaging conversion therapy and of laws discriminating against gay people are in keeping with the overall hostility to gay and transgendered Americans exhibited by Trump’s Administration writ large.  Every single cabinet member Trump has […]

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Last Minute Conversations About Hillary — Reaching the Unconvinced

Last week, I spent a few days knocking on doors back in my hometown of Kenosha, Wisconsin.  I was telling people about their early voting options and, where possible, engaging them in discussions about why I support Hillary Clinton for President (and Russ Feingold for WI Senate).  I was particularly surprised by the number of […]

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Why Are Female Law Partners Making 44% Less Than Men?

Female partners make only 56 cents on the dollar. How do we fix that?

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An Epic Decision: Seventh Circuit Shoots Down Employee Arbitration Contract

In a precedent-setting decision late last month, the United States Court of Appeals for the Seventh Circuit deemed an employee arbitration agreement unenforceable on the ground that it violated the National Labor Relations Act (NLRA). The decision is a major win for employees, because it recognizes their right to challenge unlawful employment policies and conditions […]

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Judge Merrick Garland and Class Actions: What Will Happen?

The recent big news in lawyer land is the nomination of Chief Judge Merrick Garland of the US Court of Appeals for the D.C. Circuit to replace Justice Scalia. He is, by all appearances, eminently qualified, a model public servant, and at least a tad (I say in jest) to the left of the late […]

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Contraception Before the Supreme Court . . . Again!

The Supreme Court recently agreed to hear yet another challenge to the Affordable Care Act’s contraceptive coverage rule, this time from religiously-affiliated non-profit organizations who argue that even the Obama administration’s accommodation for religious institutions infringes on their religious freedom. Under the accommodation, religious non-profits can opt out of providing contraceptive coverage to their employees […]

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Marco Rubio and Employer’s Credit Cards

National media, including the New York Times, have been reporting recently that Senator Marco Rubio used a Republican Party credit card for personal items, such as the purchase of paving stones at his home, travel for a family reunion, flights, and even groceries. According to the Times, Senator Rubio has admitted spending more than $16,000 […]

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Independent Contractors, Uber, and Employees

On September 1, a federal judge certified a class action brought by three Uber drivers who asserted that they are employees and not, as the company had argued, independent contractors.   If the court’s decision it holds, it could be a big deal.  This employee vs. contractor determination may sound like arcane law speak, but […]

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Q&A with Professor Schoenbaum

Regular readers of this blog are very familiar with Young v. UPS, a Supreme Court case about pregnancy discrimination.  Here at Shattering the Ceiling we are excited about the case – and about the outcome.  My colleagues have written here about why accommodating pregnant women is good for American families – and good for business and about why the […]

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