Should the Law Prohibit Anti-Fat Discrimination?

SHERRY F. COLB

Cornell law professor Sherry F. Colb explores the problem of fat discrimination and considers what a law of anti-fat discrimination might look like, and why it could be important. Professor Colb explores the similarities and differences between legally protected characteristics and fatness and expresses optimism that a change in law could persuade some individuals to recognize fat people for the colleagues, students, friends, partners, and neighbors that they are.

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Members-Only Unionism is Lawful and Can Make Sense

SAMUEL ESTREICHER

NYU law professor Samuel Estreicher responds to an op-ed by Ron Holland criticizing the recent announcement of a members-only union of 300 Google workers. Professor Estreicher points out several errors and assumptions in Mr. Holland’s piece, and he argues that, in sum, there is no good public policy case for barring or restricting members-only unionism.

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People v. Hill

Docket: A157339(First Appellate District)

Opinion Date: January 21, 2021

Judge: Jackson

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

In 2016, Hill pleaded no contest to felony possession of a firearm by a convicted felon (case CR940896). The court suspended imposition of sentence and placed Hill on three years' felony probation. In 2019, a Clearlake police officer noticed Hill outside of a liquor store, approached, obtained Hill’s name, and conducted a records check, which revealed that Hill was on postrelease community supervision. As the officer returned, Hill “produced” a knife and placed it on a pole. Hill said he needed the knife “for protection” and that he had it shoved down his sleeve. Hill pleaded no contest to concealing a dirk or dagger (case CR953084) and admitted a probation violation in case CR940896. The plea was open with a maximum possible sentence of 32t months. The trial court revoked his probation in case CR940896 and sentenced Hill in both cases to an aggregate term of 32 months. The court of appeal affirmed, rejecting Hill’s argument that his attorney was ineffective for failing to request a hearing on his eligibility for mental health diversion under Penal Code section 1001.36. Because Hill’s appeal did not attack the validity of his plea but challenged the court’s sentencing discretion relating to section 1001.36, no certificate of probable cause was required. Hill's counsel was not deficient in failing to request an eligibility hearing nor was Hill prejudiced by counsel’s failure to do so.

People v. Kelly

Docket: B301916(Second Appellate District)

Opinion Date: January 21, 2021

Judge: Arthur Gilbert

Areas of Law: Criminal Law

The Court of Appeal affirmed the trial court's order awarding restitution to defendant's crime victims following his conviction for false personation of another; unauthorized use of personal identifying information of another; and disobeying a court order. The court concluded that the trial court properly awarded restitution to defendant's victims for attorney fees and costs they incurred as a result of defendant's conduct. The court explained that, whether described as attorney fees or costs, they necessarily involved money spent and incurred because of defendant's unlawful conduct and thus constitute "an economic loss incurred as the result of a criminal act" under the Giordano standard.