Oprah Interview as Truth Commission – Part II: What Counts as Success?

LESLEY WEXLER

In this second of a series of columns, Illinois Law professor Lesley C. Wexler continues analogizing Oprah’s interview with Meghan and Harry to a truth commission and describes some goals against which we might measure the success of a truth commission. Professor Wexler proposes such measures as (1) whether the commission finishes its mandate and widely disseminates its findings, (2) whether it establishes a definitive narrative of the relevant abuses, and (3) whether it serves as catharsis for individual victims. She suggests that although some initial facts on the ground are negative, reform and reconciliation are still possible.

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Supreme Court Rules that Claims of Nazi-Era Expropriation of Jewish Property Are Barred by Germany’s Sovereign Immunity

SAMUEL ESTREICHER, JULIAN KU

NYU Law professor Samuel Estreicher and Hofstra Law professor Julian G. Ku comment on a recent decision by the U.S. Supreme Court, holding that the doctrine of sovereign immunity bars claims based on Nazi-era expropriation of Jewish property. Professors Estreicher and Ku argue that the unanimous decision in that case, Germany v. Philipp reflects a now-solid trend of Roberts Court decisions limiting the reach of U.S. law and jurisdiction to stay within the territory of the United States while also avoiding controversial and unsettled interpretations of international law.

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Jones v. Quality Coast, Inc.

Docket: B297425(Second Appellate District)

Opinion Date: March 23, 2021

Judge: Baker

Areas of Law: Civil Rights, Constitutional Law, Labor & Employment Law

Plaintiff filed suit against Quality Coast, alleging that the company's decision not to hire him was the result of race and gender discrimination and a violation of the Displaced Janitor Opportunity Act (DJOA). A jury returned a defense verdict on the discrimination claims and the trial court found that plaintiff was not entitled to protection under the DJOA because he was a supervisory employee. The Court of Appeal concluded that the trial court correctly found that plaintiff is a supervisory employee for DJOA purposes; there was no error in giving the modified business judgment rule instruction at trial; and the trial court's costs award is not erroneous. Accordingly, the court affirmed the trial court's judgment.

Senior Disability Action v. Weber

Docket: A159540(First Appellate District)

Opinion Date: March 23, 2021

Judge: Wiseman

Areas of Law: Civil Rights, Election Law, Government & Administrative Law

The 1993 National Voter Registration Act, 52 U.S.C. 20501(b)(1), requires states to register voters for federal elections, including “by application in person” at designated state offices. Each state must designate all offices that provide public assistance, all offices that provide state-funded programs primarily engaged in providing services to persons with disabilities, and “other offices. ” Each designated agency must offer certain voter registration services and, in California, must assign an employee to be responsible for the agency’s compliance (Elec. Code, 2406.) California’s Secretary of State coordinates the state’s responsibilities under the Act. The plaintiffs sought additional designations. The Secretary committed to designating as voter registration agencies programs for students with disabilities at community colleges, certain county welfare departments, and the Office of Services to the Blind. The trial court held, and the court of appeal affirmed, that the Secretary had a mandatory duty to designate as voter registration agencies state offices that administer General Assistance or General Relief programs and California Student Aid Commission Financial Aid Programs, as well as all private entities under contract to provide services on behalf of a voter registration agency. The court found that no mandatory designation duty existed as to offices administering the California Department of Education Nutrition Programs, special education offices, and Area Agencies on Aging.

People v. Tran

Docket: B297845(Second Appellate District)

Opinion Date: March 23, 2021

Judge: Judith Ashmann-Gerst

Areas of Law: Criminal Law

The Court of Appeal affirmed the trial court's finding that defendant qualified as a sexually violent predator (SVP) and commitment of defendant to state hospital for treatment and indeterminate confinement. As a preliminary matter, the court concluded that defendant did not forfeit his due process challenge where defendant objected to the delay and thus a federal constitutional claim regarding the deprivation of a timely trial is preserved even if no motion to dismiss is filed. On the merits, the court reached the same conclusion weighing the Mathews factors as it did with the Barker factors: defendant's right to due process was not violated. The court explained that any risk of an erroneous deprivation of defendant’s liberty was reasonably mitigated by the procedural requirements of the Sexually Violent Predator Act. Furthermore, the state's compelling interest in protecting society from the risk defendant posed to it is entitled to significant weight and tips the scales in favor of the court's finding that defendant was provided with all the process that he was due.

Alpha Nu Association of Theta Xi v. University of Southern California

Docket: B303269(Second Appellate District)

Opinion Date: March 23, 2021

Judge: Nora M. Manella

Areas of Law: Education Law

Theta Xi challenges the decision by USC to suspend recognition of the fraternity's USC chapter for six years. The sanction stemmed from the Office of Student Judicial Affairs and Community Standards' (SJACS) conclusion that Theta Xi had violated nine sections of the University Student Conduct Code, including sections prohibiting hazing and the serving of alcohol to anyone under 21. Theta Xi filed a petition for a writ of administrative mandamus against USC and others under Code of Civil Procedure section 1094.5, alleging that USC's suspension decision should be set aside. The trial court denied the petition. The Court of Appeal affirmed and concluded that Theta Xi has not shown that USC violated its limitations policy and, even assuming the limitations policy restricted USC's jurisdiction, Theta Xi has not shown that USC acted in excess of its jurisdiction in suspending its recognition of Theta Xi's USC chapter. The court also concluded that USC's decision to suspend its recognition of Theta Xi's local chapter did not substantially affect any vested fundamental right held by Theta Xi. Therefore, the trial court properly declined to exercise its independent judgment in reviewing the evidentiary support for SJACS's factual findings, and properly applied the substantial evidence standard instead. The court further concluded that substantial evidence supported SJAC's alcohol-related findings and other challenged findings. In this case, SJACS's factual findings adequately supported USC's decision to suspend its recognition of Theta Xi's local chapter for six years. Finally, the court concluded that Theta Xi received a fair administrative hearing.