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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United States v. Garcia

Docket: 19-1816

Opinion Date: December 16, 2020

Judge: Boudin

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

The First Circuit affirmed Defendant's conviction of a drug offense, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(B), holding that the district court did not err in denying Defendant's motion to suppress the drug evidence as having resulted from an unlawful search under the Fourth Amendment to the United States Constitution. Drug evidence was obtained from under the hood of a truck in which Defendant was a passenger. On appeal, Defendant argued (1) the government lacked probable cause to remove him from the truck and handcuff him during the search of the vehicle and to search the truck, and (2) the officers lacked reasonable suspicion to support their activities. The First Circuit affirmed, holding (1) the officers were operating from a tip from a reliable informant that the individuals in the truck had drugs and were about to complete a drug sale, and no more information was needed to justify the seizure of Defendant and the inspection of the vehicle; and (2) because the officers had probable cause to seize Defendant and search the truck, they also had reasonable suspicion.

Gicharu v. Carr

Docket: 19-1864

Opinion Date: December 16, 2020

Judge: Kayatta

Areas of Law: Government & Administrative Law, Immigration Law

The First Circuit dismissed Appellant's appeal of the order of the district court dismissing Appellant's complaint seeking an order compelling the Board of Immigration Appeals (BIA) to rescind and reissue an order of removal it affirmed in 2013 and later refused to reopen, holding that the district court lacked subject matter jurisdiction. In 2013, the BIA affirmed an order authorizing the removal of Appellant to his country of origin. Appellant filed a motion to reopen his removal proceedings, which the BIA denied. Appellant then commenced this action in the United States District Court against officials of the Department of Justice claiming a right of action under the Administrative Procedure Act (APA) and any statutes providing for habeas corpus. The district court dismissed the complaint for failure to state a claim. The First Circuit dismissed Appellant's appeal, holding that Appellant's APA claim and habeas claim both arose from his removal proceedings and that the district court lacked subject matter jurisdiction over those claims.