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Justia Daily Opinion Summaries

US Court of Appeals for the Second Circuit
April 14, 2020

Table of Contents

Simmons v. Trans Express Inc.

Civil Procedure

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Legal Analysis and Commentary

Religions Harm People

LESLIE C. GRIFFIN

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UNLV Boyd School of Law professor Leslie C. Griffin points out ways in which religions harm people—manifested today as an insistence on exemptions to social COVID-19 distancing orders. Griffin argues that telling the truth about religion should not be viewed as a form of discrimination and endorses Katherine Stewart’s recent book, The Power Worshippers: Inside the Dangerous Rise of Religious Nationalism, which provides a detailed explanation of how the Religious Right has used its power to advance religion-based government in harmful ways.

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Conservative Authoritarianism Comes Out of the Shadows

AUSTIN SARAT

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Austin Sarat—Associate Provost, Associate Dean of the Faculty and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—comments on Harvard Law Professor Adrian Vermeule’s essay “Beyond Originalism,” which Sarat argues brings conservative authoritarianism out of the shadows. Sarat describes Vermeule as a modern-day Machiavelli, offering advice to the governing class and laying out a theory of governance Vermeule calls “common-good constitutionalism” but which in reality elevates the “common good” above individual goods in a manner antithetical to freedom, pluralism, and democracy.

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US Court of Appeals for the Second Circuit Opinions

Simmons v. Trans Express Inc.

Docket: 19-438

Opinion Date: April 13, 2020

Judge: Richard J. Sullivan

Areas of Law: Civil Procedure

The Second Circuit certified a question of New York law to the New York Court of Appeals: Under New York City Civil Court Act 1808, what issue preclusion, claim preclusion, and/or res judicata effects, if any, does a small claims court's prior judgment have on subsequent actions brought in other courts involving the same facts, issues, and/or parties? In particular, where a small claims court has rendered a judgment on a claim, does Section 1808 preclude a subsequent action involving a claim arising from the same transaction, occurrence, or employment relationship?

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