Equality Is the Lesson of Our Day

JOSEPH MARGULIES

Cornell law professor Joseph Margulies observes that the COVID-19 pandemic reveals our shared equality as individuals but also lays bare the inequality of American society. Margulies argues that equality is an outcome achieved by one in aid to another, and by government in aid to all in need.

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Wisconsin’s Decision to Have an Election This Month Was Unjust, But Was it Also Unconstitutional? Why the Plaintiffs (Rightly) Lost in the Supreme Court

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone comment on the U.S. Supreme Court’s recent per curiam decision staying an injunction by a federal district court in Wisconsin, effectively allowing the election in that state to go forward on with the normal timeline for casting ballots in place, despite concerns over the effects of COVID-19. Amar and Mazzone argue that, while the outcome might have been unjust, the plaintiffs in that case likely did not allege a constitutional violation and thus did not properly allege claims suitable to be remedied in federal court.

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MidWestOne Bank v. Heartland Co-op

Docket: 19-1302

Opinion Date: April 17, 2020

Judge: Thomas D. Waterman

Areas of Law: Banking, Commercial Law, Contracts

In this dispute between a secured lender (Bank) and a grain elevator (Elevator) the Supreme Court reversed in part the district court's judgment in favor of the Bank, holding that the district court erred by applying the discovery rule but otherwise did not err. The Bank filed this civil action alleging damages for drying and storage charges withheld in a three-year period. The Bank asserted that the Elevator had a junior interest to the Bank's prior perfected security interests. The Elevator asserted affirmative defenses of, among other things, failure to state a claim and unjust enrichment. The district court granted the Bank's motion for summary judgment and denied the Elevator's motion for summary judgment. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) correctly applied the two-year limitation period in Iowa Code 614.1(10), which barred the Bank's claims filed more than two years from the date of sale of goods subject to its perfected security interest; (2) erred by applying the discovery rule allowing the Bank to recover on transactions that occurred more than two years before it filed its civil action; and (3) correctly ruled that the Bank's prior perfected security interest trumped the Elevator's claim for storage and drying costs.

State v. Gibbs

Docket: 18-1298

Opinion Date: April 17, 2020

Judge: Edward M. Mansfield

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's conviction of murder in the second degree, holding that Defendant's Fifth Amendment rights were invaded when the trial judge instructed the jury that Defendant was required to notify law enforcement of his use of deadly force, but the error was harmless. During trial, Defendant asserted the defense of justification in his shooting of the victim. At issue on appeal was whether the district court abused its discretion by giving a jury instruction incorporating the terms of Iowa Code 704.2B. The instruction included a statement that a person using deadly force is required to notify law enforcement about his use of deadly force. Defendant argued before the Supreme Court that both section 704.2B and the jury instruction incorporating that section violated his Fifth Amendment rights. The Supreme Court affirmed, holding (1) instructing the jury that a homicide defendant is required to notify a law enforcement agency of his use of deadly force violates the defendant's Fifth Amendment rights; but (2) any error in this case was harmless beyond a reasonable doubt.