Transitional Justice and Inauguration Poems

LESLEY WEXLER

Illinois law professor Lesley M. Wexler describes how Amanda Gorman’s The Hill We Climb and Jericho Brown’s Inaugural,’ an Original Poem—as two inaugural poems—fit within the call of transitional justice. Professor Wexler explains how, read together, the two poems provide a roadmap of the transitional justice terrain the government may choose to tread.

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Shurtleff v. City of Boston

Docket: 20-1158

Opinion Date: January 22, 2021

Judge: Selya

Areas of Law: Constitutional Law

The First Circuit affirmed the order of the district court granting summary judgment in favor of the City of Boston and the Commissioner of Boston's Property Management Department (collectively, the City) as to Plaintiffs' complaint that the City violated their constitutional rights by refusing to fly a Christian flag from a flagpole at Boston City Hall, holding that Plaintiffs' constitutional claims failed. Specifically, the First Circuit held (1) Plaintiffs' argument that the City's permitting process for the raising of third-party flags vests in government officials unbridled discretion to approve and deny protected speech and thus imposes an unconstitutional prior restraint on speech was foreclosed by the government speech doctrine; and (2) Plaintiffs' remaining claims under the Establishment Clause and the Equal Protection Clause were without merit.

United States v. Aybar-Ulloa

Docket: 15-2377

Opinion Date: January 25, 2021

Judge: William Joseph Kayatta, Jr.

Areas of Law: Criminal Law

The First Circuit affirmed Defendant's conviction for two counts of drug trafficking in international waters while aboard a stateless vessel in violation of the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C. 70501-08, holding that international law does not generally prohibit the United States from prosecuting drug traffickers found on a stateless vessel stopped and boarded by the United States on the high seas as if the drug traffickers had been found on a United States vessel subject to the territorial jurisdiction of the United States. Specifically, the First Circuit held (1) Defendant's prosecution in the United States for drug trafficking on a stateless vessel stopped and boarded by the United States in waters subject to the rights of navigation on the high seas violated no recognized principle of international law; but (2) because Amendment 794 to the Sentencing Guidelines applies retroactively, this case must be remanded for resentencing so that the district court can have an opportunity to apply the new factors.

Securities & Exchange Commission v. Johnston

Docket: 19-2264

Opinion Date: January 22, 2021

Judge: William Joseph Kayatta, Jr.

Areas of Law: Drugs & Biotech, Government & Administrative Law, Securities Law

The First Circuit affirmed the district court's denial of Defendant's motion for judgment as a matter of law and for a new trial in this civil enforcement action brought by the Securities and Exchange Commission, holding that the evidence was sufficient to support the verdict. At issue was whether Defendant, the CFO of AVEO Pharmaceuticals, knowingly misled investors by the manner in which he responded to investor inquiries about the substance of AVEO's discussions with the Food and Drug Administration (FDA) about the results of AVEO's clinical trial for tivozanib, a kidney cancer drug candidate. A jury found against Defendant. On appeal, Defendant argued (1) he was entitled to judgment as a matter of law because he had no duty to disclose the substance of the FDA discussions and because the evidence of scienter was insufficient, and (2) he was entitled to a new trial because the district court improperly instructed the jury. The Supreme Judicial Court affirmed, holding (1) the evidence of fraud and scienter was sufficient to support the verdict; and (2) the challenged instructions were not given in error.