Erwin Chemerinsky, Michael McConnell, Shelly A. Easter
September 28, 2023
Civil Rights. Title VII. §1983. Experts discuss the greater religious accommodation requirements for employers the Supreme Court outlines in Groff v. DeJoy, and the continuing availability of §1983 to enforce some private rights created by statutes adopted under the Spending Clause in Health and Hosp. Corp. of Marion Ctny. v. Talevski.
Donald J. Trump for President v. Philadelphia County Board of Elections (Paul S. Diamond, E.D. Pa. 2:20-cv-5533)
Two days after a general election, a district judge mediated resolution to a dispute over ballot-counting observers.
Civil Rights. Experts discuss the different legal standards applied to racial discrimination claims brought under §1981 and Title VII, as well as the Court’s hesitation to broaden Bivens claims to cover cross-border shootings.
This dramatic reenactment provides an example and insights of how mediation between a prison inmate and relevant state officials unfolds. Guided by an experienced mediator, both sides present and discuss their cases, with the goal to achieve a mutually agreed upon resolution.