Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating against an employee on the basis of sex. In non-tangible employment actions, an employer is vicariously liable for a supervisor’s unlawful sexual harassment...
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 An Immigration Judge (IJ) or the Board of Immigration Appeals (BIA) will commonly deny an application for asylum in the United States as a result of an adverse credibility determination. Appellate Courts give adverse credibility...
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 Under the All Writs Act of the United States Code, federal courts have the power to entertain an array of common-law writs. In certain narrow circumstances, the rare writ of error coram nobis is a remedial petition primarily available to...
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 Immigration statutes have traditionally contained provisions that limit federal district court jurisdiction over administrative appeals and require individuals to exhaust administrative remedies before seeking judicial review of immigration...
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 The “Don’t Ask, Don’t Tell” statute (DADT), enacted by Congress in 1993, allows homosexuals into the military if they do not engage in homosexual conduct. Congress created DADT to preserve the morale and unit cohesion standards of the...
Feb 1, 2009 | Case Comments, Number 2, Print Edition, Volume 42
First Circuit Review 2009 Congress passed the Employee Retirement Income Security Act (ERISA) as a means to govern employee-benefit plans.1 ERISA provides a cause of action to plan participants whose vested benefits were miscalculated or reduced by alleged employer...