Is Retribution Worth the Cost?

SHERRY F. COLB

Cornell law professor Sherry F. Colb discusses the four purported goals of the criminal justice system—deterrence, incapacitation, retribution, and rehabilitation—and argues that retribution may preclude rehabilitation. Colb considers whether restorative justice—wherein a victim has a conversation with the offender and talks about what he did to her and why it was wrong—might better serve the rehabilitative purpose than long prison sentences do.

Read More

The Other Epidemic

KATHRYN ROBB

Kathryn Robb, executive director of CHILD USAdvocacy, comments on a public-health crisis that is getting relatively less attention right now: the scourge of child sex abuse. To address this crisis, Robb calls for greater public awareness, stronger laws protecting children, and legislative action

Read More

Richards v. Par, Inc.

Docket: 19-1184

Opinion Date: March 25, 2020

Judge: Diane S. Sykes

Areas of Law: Consumer Law

Richards defaulted on her car loan. Her lender hired PAR to repossess the vehicle. PAR hired Lawrence Towing to carry out the repossession. Richards protested when Lawrence employees arrived at her Indianapolis home to take the car. She ordered them off her property. They summoned the police. A responding officer handcuffed Richards and threatened her with arrest, removing the handcuffs after the car was towed away. Richards sued PAR and Lawrence under the Fair Debt Collection Practices Act, which makes it unlawful for a debt collector to take “nonjudicial action” to repossess property if “there is no present right to possession of the property claimed as collateral through an enforceable security interest,” 15 U.S.C. 1692f(6)(A). Indiana law authorizes nonjudicial repossession only if the repossession “proceeds without breach of the peace.” IND. CODE 26-1-9.1-609. If a breach of the peace occurs, the repossessor must immediately stop and seek judicial remedies. The district judge granted the defendants summary judgment. The Seventh Circuit reversed. Whether a repossessor had a “present right to possession” for purposes of section 1692f(6)(A) can be determined only by reference to state law. A reasonable jury could find that the Lawrence employees did not have a present right under Indiana law to possess Richards’s vehicle.

Divane v. Northwestern University

Docket: 18-2569

Opinion Date: March 25, 2020

Judge: Brennan

Areas of Law: ERISA

Under the Retirement Plan, participating Northwestern University employees can contribute a portion of their salary to their account and Northwestern makes a matching contribution. Employees participating in the Voluntary Savings Plan also contribute a portion of their salary, but Northwestern does not make a matching contribution. Both plans allow participants to choose the investments for their accounts from options assembled by the plans’ fiduciaries. Northwestern is the administrator and designated fiduciary of both plans. The plaintiffs sued Northwestern under the Employee Retirement Income Security Act, 29 U.S.C. 1001 (ERISA). The Seventh Circuit affirmed the dismissal of the amended complaint and rejection of the plaintiffs’ demand for a jury trial. Under the plans, no participant was required to invest in any particular product. Any participant could avoid the alleged problems with certain products--record-keeping fees and underperformance. Northwestern provided a wide range of investment options and provided prudent explanations for the challenged fiduciary decisions involving alleged losses. There was no ERISA violation with Northwestern’s record-keeping arrangement; the plaintiffs identified no alternative recordkeeper that would have accepted any fee lower than what was paid nor have they explained how a hypothetical lower-cost recordkeeper would perform at the level necessary to serve the best interests of the plans.

Castetter v. Dolgencorp, LLC

Docket: 19-2026

Opinion Date: March 25, 2020

Judge: William Joseph Bauer

Areas of Law: Labor & Employment Law

Castetter underwent cancer treatment during his employment. After returning from medical leave, he became a District Manager, reporting to Dollar General's regional managers Chupp and Hubbs. Chupp identified deficiencies in Castetter’s stores and implemented a performance plan. Castetter wrote to Hubbs describing Chupp’s improper characterization of his performance and Chupp’s unprofessional conduct. The letter did not refer to cancer, medical leave, or discrimination. Hubbs claims he did not receive the letter. Castetter testified that Hubbs mocked him. Human resources issued a Final Counseling detailing Castetter’s unprofessional conduct and violations of Dollar General’s policies, including employees who had not completed the hiring process and were working without pay, insufficiently trained employees, understaffed stores, high turnover, and a cash discrepancy. Dollar General placed Castetter on another improvement plan. Human resources subsequently discovered numerous violations, including a non-employee attending an employee meeting and failure to process employment documents. Another unpaid non-employee whose paperwork was incomplete was given security access without passing background and drug tests and was stealing from the store. Dollar General terminated Castetter. The district court rejected his disability discrimination on summary judgment. The Seventh Circuit affirmed. Castetter failed to show discriminatory intent by establishing a causal nexus between unprofessional remarks and the decision to terminate him. Castetter’s termination was based on his failure to adhere to his responsibilities.