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seeking to repeal Prop 209 and for seeking to do so using the proper procedures, and he suggests that if Prop 209 is repealed, legal rationales for the use of race should be based not only on the value of diversity (as they have been for some time now), but also on the need to remedy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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Brumbaugh v. Bendorf

Court: Nebraska Supreme Court

Citation: 306 Neb. 250

Opinion Date: June 26, 2020

Judge: William B. Cassel

Areas of Law: Communications Law

The Supreme Court affirmed the judgment of the district court denying Appellant's request for attorney fees authorized but not mandated by statute, holding that the district court did not abuse its discretion in awarding no fees or costs. Appellant sued Defendant under federal and state wiretapping statutes and under Neb. Rev. Stat. 20-203. The jury found that Appellant met his burden of proof as to both the federal and state wiretapping claims and awarded damages of $4,800. The trial court sustained Appellant's motions for judgment notwithstanding the verdict and to alter or amend based on the jury's award of damages, awarding statutory damages of $10,000. The district court denied attorney fees and costs. The Supreme Court affirmed, holding (1) trial courts are not required to provide an explanation of an award of attorney fees; (2) while Defendant obtained a jury verdict in his favor, it was less than half of the minimum damages statutorily mandated, and therefore, the district court did not abuse its discretion in awarding no attorney fees; and (3) the district court did not abuse its discretion by not awarding litigation costs.