Joe, Joey, Joe-Baby, Sexist: Where’s Your Imposter Syndrome?

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman responds to a recent Wall Street Journal op-ed criticizing soon-to-be First Lady Jill Biden for using the academic title she earned. Professor Grossman dissects the op-ed, penned by a retired lecturer at Northwestern University, and explains the deep and pervasive sexism behind it.

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Mitchell v. Bailey

Docket: 19-51123

Opinion Date: December 14, 2020

Judge: Carolyn Dineen King

Areas of Law: Civil Procedure, Constitutional Law, Native American Law

Plaintiff filed suit against defendant and the Hoopa Valley Tribe for violations of state tort and contract law. The district court, ruling on a Federal Rule of Civil Procedure 12(b)(1) motion to dismiss, found sovereign immunity barred suit against defendant, in his official capacity, and the Hoopa Valley Tribe, dismissing the claims with prejudice. The Fifth Circuit held that it lacked original jurisdiction, concluding that the district court did not have federal-question jurisdiction over this case; the Hoopa Valley's presence as a party to the suit destroyed complete diversity and thus the district court did not have diversity jurisdiction under 28 U.S.C. 1332; and the district court did not have supplemental jurisdiction over this case under 28 U.S.C. 1367. The court also held that the district court erred when it dismissed claims pursuant to Rule 12(b)(1) with prejudice. Accordingly, the court vacated in part, affirmed the dismissal in part, reversed in part, and remanded with instructions to dismiss without prejudice.

Buntion v. Lumpkin

Docket: 20-70004

Opinion Date: December 14, 2020

Judge: Per curiam

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

The Fifth Circuit denied petitioner's application for a certificate of appealability (COA). Petitioner was sentenced to death for shooting and killing a police officer. The court held that petitioner's claims, that his sentence violates the Eighth and Fourteenth Amendments because it was based on the jury's unreliable and inaccurate predictions about his future dangerousness, are procedurally defaulted and substantively meritless. Likewise, petitioner's claim that his sentence violates the Due Process Clause is also procedurally defaulted and substantively meritless. Finally, petitioner's claim that the Eighth Amendment prohibits his execution because of how much time he has spent on death row is unexhausted and unreviewable in federal habeas.