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.

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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

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Lanza v. Financial Industry Regulatory Authority

Dockets: 18-2057, 18-2181

Opinion Date: March 24, 2020

Judge: Selya

Areas of Law: Arbitration & Mediation, Contracts

In this dispute over the handling of brokerage accounts the First Circuit affirmed the judgment of the federal district court dismissing Plaintiffs' complaint against the Financial Industry Regulatory Authority (FINRA) for failure to state a claim, holding that Plaintiffs' complaint failed to state a plausible claim for breach of the covenant of good faith and fair dealing implied under Massachusetts law. Plaintiffs, a married couple, submitted their dispute with their quondam stockbroker over the handling of their brokerage accounts to FINRA for arbitration. A panel of arbitrators summarily dismissed Plaintiffs' claims. Plaintiffs then brought this action claiming that the arbitrators' failure to state an explained decision breached the implied covenant of good faith and fair dealing. The First Circuit affirmed, holding that the district court appropriately dismissed Plaintiffs' complaint because Plaintiffs did not plausibly allege a breach of the implied covenant.

Ebbe v. Concorde Investment Services, LLC

Docket: 19-1819

Opinion Date: March 24, 2020

Judge: Sandra Lea Lynch

Areas of Law: Arbitration & Mediation

The First Circuit affirmed the judgment of the district court confirming a Financial Industry Regulatory Authority (FINRA) arbitral award denying certain claims against Concorde Investment Services, LLC, holding that the arbitrator's conclusion was reasonable in light of the claims made and the evidence presented. Appellant's claims against Concorde were for negligence, breach of fiduciary duty, violations of FINRA sustainability rules and regulations against deceptive securities practices, and failure to properly supervise. Appellant's claims against Concorde were denied. Appellant filed a motion to vacate in part and confirm in part the award, and Concorde filed a motion to confirm the award. The district court denied the motion to vacate and granted the motion to confirm. The First Circuit affirmed, holding that the arbitrators did not engage in a manifest disregard of the law and that none of the statutory bases for vacating the awards set forth in the Federal Arbitration Act were met.

Melo v. City of Somerville

Docket: 19-1337

Opinion Date: March 24, 2020

Judge: Kayatta

Areas of Law: Civil Rights, Labor & Employment Law

The First Circuit vacated the district court's decision granting summary judgment to the City of Somerville, Massachusetts and dismissing Plaintiff's claim that the City unlawfully forced him to retire as a police officer when it discovered that he had basically no vision in one eye, holding that Plaintiff raised a triable issue of fact precluding summary judgment. Plaintiff brought this lawsuit alleging violations of the Americans with Disabilities Act, the Rehabilitation Act, and Massachusetts discrimination law. In granting summary judgment to the City, the district court ruled in part that no reasonable jury could find that Plaintiff could perform high-speed pursuit driving, which the court concluded was an essential function of his job. The First Circuit vacated the summary judgment, holding that Plaintiff raised a triable issue of fact as to whether his monocular vision rendered him unqualified to perform the essential job functions of an incumbent officer in the City's police department.

City of Providence v. United States Department of Justice

Docket: 19-1802

Opinion Date: March 24, 2020

Judge: Selya

Areas of Law: Immigration Law

The First Circuit affirmed the judgment of the district court ruling in favor of the Rhode Island municipalities on their suit seeking to invalidate the conditions that the United States Department of Justice (DOJ) imposed on the cities in connection with the allocation of federal law enforcement grants, holding that the DOJ lacked authority to imposed the challenged conditions. When state and local governments refused to assist wholeheartedly in federal enforcement of immigration-related laws, the DOJ purposed to condition unrelated federal law enforcement grants on the provision of the governments' assistance with the enforcement of the immigration-related laws. Two Rhode Island cities - Providence and Central Falls - brought this suit seeking to enjoin the DOJ from imposing the challenged conditions on their grants. The district court granted summary judgment for the Cities, concluding that the DLJ exceeded its statutory authority in imposing the challenge conditions on the grants. The First Circuit affirmed, holding that the DOJ was not vested with the authority to impose the challenged conditions on the Cities' grants.