Latest Case: United States v. Cain (Criminal Law)

In Ruth We Trust: How the Pregnant Workers Fairness Act Can Promote Women’s Equal Citizenship and Justice Ginsburg’s Legacy

JOANNA L. GROSSMAN

In honor of the late Justice Ruth Bader Ginsburg, SMU Dedman School of Law professor Joanna L. Grossman explains how the Pregnant Workers Fairness Act (PWFA) can promote women’s equal citizenship and protect Justice Ginsburg’s legacy of shaping gender equality. Grossman argues that the PWFA could help break down entrenched occupational segregation in the American economy, and, in so doing, honor Justice Ginsburg’s lifelong commitment to ensuring that women can be full members of society.

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A Half Century After Its Publication, What Can “The Greening of America” Tell Us About the United States Today?

RODGER CITRON

In recognition of the 50-year anniversary of the publication of Charles Reich’s “The Greening of America,” Touro law professor Rodger D. Citron explains what Reich actually said in “The Greening,” explains why it generated such a strong response, and reflects on what the piece has to say about the fractures of our current moment. Citron cautions that the promise of a new consciousness is as alluring—and may be as illusory—as it was when Reich wrote the article and book, 50 years ago.

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United States v. Cain

Docket: 19-3540

Opinion Date: September 24, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

In 2006, Cain was convicted of conspiracy to distribute crack cocaine. Guideline changes reduced his sentence to 151 months. His five-year term of supervised release began in 2016. Within 14 months, he was revoked for testing positive for cocaine nine times over a six-month period. Cain pled guilty, in state court, to attempted possession of 19.7 grams of methamphetamine, indicating attempted sales because his addictions were to cocaine and alcohol, not meth. Cain admitted violating the terms of his supervised release. The district court sentenced him to 48 months' imprisonment. The Eighth Circuit upheld the sentence as substantively reasonable, rejecting Cain’s argument that the district court should have given more weight to the guidelines range of five-11 months and to his probation officer's recommendation of eight months plus 24 months of supervised release. The district judge, who had presided over his trial and prior revocation, used the court’s “wide latitude” to weigh the 18 U.S.C. 3553(a) factors and to assign some factors greater weight. The court did not indicate that Cain’s revocation sentence is a punishment for his new criminal conduct but emphasized that his multiple violations demonstrate that he cannot be adequately supervised outside prison, where he can receive drug or alcohol treatment. The court mentioned the new criminal conduct only to show that the “conduct requiring revocation is associated with a high risk of new felonious conduct.”