Dear Harvey: You Are the Spark that Started the #MeToo Movement

JOANNA L. GROSSMAN

Joanna L. Grossman, law professor at SMU Dedman School of Law, reviews how disgraced Hollywood producer Harvey Weinstein started the #MeToo movement. Grossman details the origins of the #MeToo movement, particularly Weinstein’s role, and describes how Weinstein’s despicable behavior helped to illuminate and begin to address sexual misconduct not only by individuals, but throughout entire industries.

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United States v. Dodds

Docket: 19-1135

Opinion Date: January 13, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

Dodds applied for a passport using his brother’s personal information, rather than his own because he was restricted by a condition of probation. He pleaded guilty under 18 U.S.C. 1542. He did not object to any of the proposed supervised-release conditions, which concerned: refraining from excessive alcohol use; remaining within the jurisdiction unless granted permission to leave; permitting a probation officer to visit places including work; submitting to searches of person, property, residence, vehicle, papers, electronic communications, or office upon reasonable suspicion; community service until gainfully employed; not maintaining employment that includes access to personal information; and, as directed by a probation officer, third-party notifications. The court asked, “can [I] impose these conditions without reading them verbatim?”, counsel responded, “yes,” then asked: “Are there any objections ... to any of the proposed conditions of supervised release?”, counsel stated, “No.” Dodds later objected to the search condition. The court rejected his argument, explaining, “the needs for reasonableness and to take into account Mr. Dodds’s privacy while balanced against the need to make sure that Mr. Dodds is not misusing identities or identity documents or engaged in financial wrongdoing, which his history suggests he poses some risk of doing.” Dodds was sentenced to six months in prison and three years’ supervised release. The Seventh Circuit affirmed, rejecting arguments that the challenged conditions were unconstitutionally vague or lacked adequate justification. Dodds waived any objection other than to the search condition.

Taha v. International Brotherhood of Teamsters

Docket: 19-1085

Opinion Date: January 13, 2020

Judge: Brennan

Areas of Law: Labor & Employment Law

United Airlines hired Taha in 1988 and laid him off in 2003. He retained recall rights under a collective bargaining agreement. After a 12-year furlough, Taha returned to work. Weeks later, Taha learned his mother had suffered a heart attack. She lived in Saudi Arabia. Taha asked for six months off to travel and care for her. United gave him 30 days. He sought assistance from Starck, a human resources representative, and the union’s president, Stripling. United denied Taha’s extended-leave request in a letter sent to his Indiana home. Taha never saw it; he remained in Saudi Arabia and did not return to work, which the airline construed as job abandonment. He was fired. Taha grieved his firing. At a Joint Board of Adjustment (JBA) hearing, Stripling represented Taha. The JBA denied Taha’s grievance. Taha asked the union to demand arbitration; the union replied, more than six months later, that the CBA barred further pursuit of his grievance. Taha then sued, alleging a breach of the duty to fairly represent him under the Railway Labor Act, 45 U.S.C. 151–188. He cited only two facts: before the JBA hearing began, Taha overheard Stripling and Starck “chatt[ing] genially” about Starck acquiring airline tickets for Stripling’s friends, and, during the hearing, Stripling “prevented Taha from presenting several strong and important exhibits.” The Seventh Circuit affirmed the dismissal of the complaint, finding no evidence of unlawful union conduct.