Reflections on the Movement in California to Repeal the State’s Ban on Affirmative Action

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar offers three observations on a measure recently approved by the California legislature that would, if approved by the voters, repeal Proposition 209, the voter initiative that has prohibited affirmative action by the state and its subdivisions since its passage in 1996. Amar praises the California legislature for seeking to repeal Prop 209 and for seeking to do so using the proper procedures, and he suggests that if Prop 209 is repealed, legal rationales for the use of race should be based not only on the value of diversity (as they have been for some time now), but also on the need to remedy past wrongs against Black Americans.

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State v. Said

Citation: 306 Neb. 314

Opinion Date: July 2, 2020

Judge: Lindsey Miller-Lerman

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

The Supreme Court affirmed Defendant's convictions and sentences for second degree murder and use of a weapon to commit a felony, holding that there was no abuse in the trial proceedings. Specifically, the Court held (1) any error in the admission of statements Defendant made during two interviews was harmless, and the district court did not err when it overruled Defendant's motion to suppress a letter to his sister; (2) the district court did not err when it overruled Defendant's motion to suppress evidence from the search of his cell phone; (3) the district court did not abuse its discretion when it prohibited Defendant from presenting evidence regarding the victim’s mental health and use of alcohol and prescription drugs; (4) the district court did not err when it denied Defendant the right to cross-examine a witness on issues the court determined to lack probative value; and (5) the district court did not err when it allowed evidence that results of certain DNA tests were uninterpretable.

Doerr v. Doerr

Citation: 306 Neb. 350

Opinion Date: July 2, 2020

Judge: Michael G. Heavican

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the district court dissolving the marriage of Tammy Doerr and Brian Doerr, holding that the district court did not err in its division of the marital estate. On appeal, Brian challenged the district court's decision to award half of the proceeds from what he claimed was his separate property to Tammy. The Supreme Court affirmed, holding that the district court (1) did not err in awarding roughly half of the equity of the parties' home on Howard Street in Fremont to Tammy; (2) did not err in its division of the parties' bank accounts; (3) did not err by not equally dividing the marital debt comprising a credit card balance and a bill for preseparation renovations; and (4) did not err calculating the amount of the equalization payment.

In re Interest of Noah C.

Citation: 306 Neb. 359

Opinion Date: July 2, 2020

Judge: Lindsey Miller-Lerman

Areas of Law: Family Law

The Supreme Court affirmed the decision of the juvenile court terminating the parental rights of Samantha H. to her minor child, Noah C., holding that the juvenile court did not err when it denied Samantha's motion to continue the termination and when it found that termination was in the best interests of Noah. After a termination hearing, the district court entered a written order finding that sufficient evidence was presented to demonstrate clearly and convincingly that termination of parental rights was appropriate under Neb. Rev. Stat. 43-292(7) and in the best interests of Noah. The Supreme Court affirmed, holding (1) the juvenile court did not abuse its discretion when it denied Samantha's motion for a continuance; and (2) it was shown by clear and convincing evidence that termination of Samantha's parental rights would be in Noah's best interests.

State ex rel. Miah S. v. Ian K.

Citation: 306 Neb. 372

Opinion Date: July 2, 2020

Judge: Stacy

Areas of Law: Family Law

The Supreme Court vacated the order of the juvenile court granting the State's complaint seeking to disestablish the paternity of Aaron S. to a child born during his marriage to the child's mother and to establish paternity in another man, holding that the State was not statutorily authorized to bring the action. After genetic testing showed that Ian K. was the child's biological father the State filed a complaint seeking to establish Ian's paternity. A trial was held, and at the conclusion of the evidence the State asked the court to disestablish Aaron, the husband of the child's mother, as the child's legal father and to establish Ian as the child's father so he could effectively relinquish his rights. The juvenile court entered an order which purported to disestablish Aaron as the child's biological father and to establish Ian's as the child's father. The Supreme Court vacated the order, holding that because the child was not born out of wedlock and was the legitimate child of Aaron, the State lacked statutory authority to bring this paternity action under Neb. Rev. Stat. 43-1411.

Picard v. P & C Group 1, Inc.

Citation: 306 Neb. 252

Opinion Date: July 2, 2020

Judge: Michael G. Heavican

Areas of Law: Labor & Employment Law, Personal Injury

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals affirming the Nebraska Worker's Compensation Court's awards for injuries suffered by Halina Picard in two separate accidents, holding that the court of appeals correctly found that the doctrine of apportionment did not apply but erred in affirming the award of benefits for Picard's 2015 accident and injury. In 2016, Picard filed claims against P & C Group 1, Inc. relating to industrial injuries she received in 2012 and 2015. The compensation court determined that Picard was entitled to an award for a whole body injury based on both injuries, that apportionment was not appropriate, and that Picard was entitled to attorney fees. The court of appeals affirmed the awards for Picard's 2012 and 2015 injuries and reversed the attorney fees award. The Supreme Court reversed Picard's award of benefits for the 2015 injury, holding that the court of appeals (1) did not err in vacating Picard's attorney fees award; (2) did not err in finding that apportionment was inapplicable and determining that Picard's second injury award should not be apportioned with the first; and (3) erred in disregarding Picard's disability from the 2012 accident when assessing her lost earnings from the 2015 injury.