OA91: More Sex (& Also Asset Forfeiture)
For today's show, we revisit the topic first discussed in Opening Arguments Episode #60, namely, whether Title VII of the Civil Rights Act of 1964's prohibition of discrimination on the basis of "sex" implicitly extends to prohibiting discrimination on the basis of "sexual orientation" as well. First, however, fan favorite "Breakin' Down the Law" returns with an explanation of civil and criminal asset forfeiture and a new policy announced by Attorney General (for now) Jeff Sessions. In the main segment, we contrast the amicus brief filed by the U.S. Department of Justice in\xa0Zarda v. Altitude Express with the 7th Circuit's opinion in\xa0Hively v. Ivy Tech Community College of Indiana. \xa0Find out why your government just submitted a brief arguing that employers have the right to hang a sign that says "no homosexuals need apply." After that, Patron Jordan Keith explains a bit more about the TOR browser as a follow-up to Opening Arguments Episode #88's discussion of\xa0U.S. v. Matish. Finally, we end with the answer to Thomas Take the Bar Exam Question #34 regarding the rape shield law, FRE 412. \xa0Listen and find out if Thomas makes it back to .500! \xa0 And\xa0don't forget to play along by following\xa0our Twitter feed (@Openargs) and/or our Facebook Page and quoting the Tweet or Facebook Post that announces this episode along with your guess and reason(s)! Recent Appearances: Andrew was just a guest on Episode 15 of Molly Unmormon's "Doubting Dogma" podcast -- give it a listen! Show Notes & Links
- The relevant statutes for asset forfeiture are\xa018 U.S.C. \xa7 983 and 21 U.S.C. \xa7 853, and you can also read the 2015 Holder memorandum prohibiting "adoptive forfeitures" by clicking here.
- We first discussed Hively v. Ivy Tech Community College of Indiana\xa0in\xa0Episode #60.
- And here is the link to Title VII of the Civil Rights Act of 1964, 42 U.S.C. \xa7\xa02000e\xa0et seq.
- Here is a link to the U.S.'s\xa0amicus curiae brief in\xa0Zarda v. Altitude Express.
- This is the text of the opinion in\xa0U.S. v. Matish,\xa0which we first discussed in Episode #88.
- And finally, you can read Rule 412 of the Federal Rules of Evidence by clicking here.