Who Counts as a Jew?

SHERRY F. COLB

Cornell law professor Sherry F. Colb comments on a recent decision by the Supreme Court of Israel holding that people who have undergone Conservative or Reform conversions in Israel qualify as Jews under the Israeli Law of Return. Professor Colb explains the significance of this decision and explores some of the downsides that remain in the Israeli approach to who counts as a Jew.

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State v. Warren

Docket: 19-0267

Opinion Date: March 5, 2021

Judge: Christensen

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

The Supreme Court affirmed Defendant's conviction of driving while intoxicated (OWI), holding that defense counsel was not ineffective in declining to seek suppression of certain evidence on the basis that Defendant was subjected to an unconstitutional seizure. An officer observed Defendant illegally park her vehicle and stopped her to enforce the parking violation. Upon smelling marijuana and observing signs of Defendant's intoxication the officer inquired about her intoxication. The officer asked Defendant for her registration and insurance and discovered that her driver's license was revoked. Defendant was convicted of second-offense OWI and driving while license was revoked. The Supreme Court affirmed, holding (1) there was sufficient evidence to support Defendant's OWI conviction; and (2) Defendant's counsel was not ineffective in failing to seek suppression of the evidence because the officer had probable cause to seize Defendant based upon his observation of her traffic violation.

State v. Swift

Docket: 18-2197

Opinion Date: March 5, 2021

Judge: McDermott

Areas of Law: Criminal Law

The Supreme Court affirmed the decision of the court of appeals and the judgment of the district court convicting Defendant of attempted murder and related crimes, holding that any error that occurred in the proceedings below was harmless. Specifically, the Supreme Court held (1) whether Defendant's counsel breached an essential duty in failing to object to certain questions, any error was harmless; and (2) the district court did not abuse its discretion in admitting into evidence a policy body-cam video taken immediately after the shooting, a recorded call, or a recording of a police interview with the victim taken five days after the shooting.

Wermerskirchen v. Canadian National Railroad

Docket: 18-2039

Opinion Date: March 5, 2021

Judge: Edward M. Mansfield

Areas of Law: Personal Injury

The Supreme Court affirmed the judgment of the district court in favor of Defendants in this personal injury case, holding that the Federal Railroad Safety Act preempted Plaintiff's excessive speed claims and that summary judgment was properly granted on his lookout and braking claims. The driver of a road grader was seriously injured when a train struck the grader while it crossed the railroad tracks. The driver sued the railroad and the train crew alleging failure to break, excessive speed, failure to keep a proper lookout, and failure to properly sound the horn. The district court granted summary judgment to Defendants on all but the horn claims. After a trial, a jury returned verdicts for Defendants on the horn claims. The Supreme Court affirmed, holding (1) the driver's excessive speed claims were preempted by federal law; and (2) summary judgment was properly granted on the lookout and braking claims based on lack of causation.