“He Took It Like a Man”: Harvey Weinstein’s Conviction and the Limits of Discrimination Law

JOANNA L. GROSSMAN

SMU Dedman School of Law professor Joanna L. Grossman comments on the recent conviction of Harvey Weinstein for criminal sexual assault in the first degree and rape in the third degree. Grossman points out that our country’s antidiscrimination laws do not actually protect the people they intend to protect, instead focusing on employer policies and procedures. She argues that we should take this opportunity to learn from the system of criminal law, which did work in this case, to fix the antidiscrimination laws that purport to protect against sexual harassment and misconduct.

Read More

In re Gregory FitzGerald

Citation: 2020 VT 14

Opinion Date: February 28, 2020

Judge: Carroll

Areas of Law: Constitutional Law, Criminal Law

Petitioner Gregory FitzGerald appealed two superior court decisions entering judgment for the State on his petition for post-conviction relief (PCR). On appeal, petitioner argued he was prejudiced by the cumulative effect of errors trial counsel made during his 1994 criminal trial. He also alleged the State knowingly presented false evidence at his trial. Finding no such errors, the Vermont Supreme Court affirmed the denial of post-conviction relief.

Vermont v. Rolls

Citation: 2020 VT 18

Opinion Date: February 28, 2020

Judge: Paul L. Reiber

Areas of Law: Constitutional Law, Criminal Law

Defendant Brandon Rolls was charged with aggravated sexual assault of a minor, was acquitted by a jury of that charge, but convicted of the lesser-included offense of sexual assault. Defense counsel objected to the State’s requested jury instruction of the lesser-included offense. The trial court overruled the objection, explaining that it had to provide a lesser-included-offense instruction upon either party’s request if the evidence supported the instruction, as it did in this case. Defense counsel did not object to the language the court proposed for the lesser-included-offense instruction. On appeal, defendant argued the trial court erred in its jury instructions, mandating reversal of his conviction and sentence. Finding no error in the trial court’s instruction, the Vermont Supreme Court affirmed.

T.C. v. L.D.

Citation: 2020 VT 19

Opinion Date: February 28, 2020

Judge: Eaton

Areas of Law: Criminal Law, Juvenile Law

Plaintiff T.C. sought an order of protection against stalking or sexual assault (SSA order) against defendant L.D. Plaintiff was seventeen at the time she sought the order; defendant was thirteen. The court dismissed plaintiff’s complaint without reaching the merits, holding that the statute pertaining to SSA orders did not permit claims against a minor defendant. The Vermont Supreme Court reversed, finding nothing in the SSA statute that expressly limited who may be the subject of an SSA complaint.

Town of Bennington v. Knight

Citation: 2020 VT 17

Opinion Date: February 28, 2020

Judge: Beth Robinson

Areas of Law: Government & Administrative Law, Labor & Employment Law

Defendant Clay Knight appealed the civil division’s affirming a small-claims award to the Town of Bennington for reimbursement of defendant’s salary and benefits pursuant to a contract between defendant and the Town. Defendant signed an “employment agreement” with the Bennington Police Department under which, in exchange for receiving full-time training, he agreed to repay the Town a portion of his salary if he was unable or unwilling to remain employed by the Town for three years. The issue this case presented for the Vermont Supreme Court’s review was whether this agreement conflicted with the collective bargaining agreement (CBA) that set defendant’s rate of pay during training. After review, the Supreme Court concluded that the employment agreement indeed conflicted with the CBA, and therefore reversed.