April 1, 2022
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Confirmation Hearings Descend into Farce as Nominee Ketanji Brown Jackson Remains Steadfast

                   

With an unimpeachable public record, Ketanji Brown Jackson’s Senate confirmation hearings, predictably, veered into farce as Senate Republicans grandstanded for cable news, trotting out various electoral bogeymen, especially Critical Race Theory, and tried to smear Jackson by association.

As Elie Mystal and others have written about, there was one moment, when Ted Cruz, a classmate of Jackson’s at Harvard Law School, tried to provoke her into torpedoing her nomination, that exemplified the tremendous calculation faced by “nearly every Black person and ancestor” as to whether or not to throw everything away to confront white provocations. 

When Cruz asked if Jackson believed that babies were racist, she could have taken the bait, but her long pause before simply answering the question was all she needed to muster to demonstrate how ridiculous the shadow attacks on her were.

For Mystal, Jackson’s pause highlights the indignities that Blacks face in the workplace and his ruminations are recommended reading.

Returning to Work After Protesting: Employee Rights and Employer Responsibilities

June 29, 2020
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Some employers may be concerned about the risk posed by the return of employees who have participated in protests to newly reopened workplaces. Similarly, employees may want to know whether their increased risk of exposure could affect their job security, and what their rights are in this situation.

What Employees Should Know About Their Rights to Protest, in Person or on Social Media

June 29, 2020
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Employees may find themselves retaliated against because of their protesting outside of the workplace, in person or online. But, as the protests continue, and the depth of feeling about their purpose grows, there will be increasing interest in using all available legal tools to allow employees to express their political views off-site while remaining employed.

Berke-Weiss Law Weekly Roundup

June 26, 2020
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This week we’re looking at how women’s job losses are bad for the hops of a wider economic recovery, New York’s plans for phase three of reopening, and the trend to home birth trends, which we will also be discussing at greater length in a multi-post blog about coronavirus’s effects on pregnancy, abortion, and childbirth, specifically for low-income black women and women of color.

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