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WEBINAR: The Importance and Value of Kindness in Leading Courts

The need to lead with kindness in times of increased uncertainty and stress – the pandemic – is undeniable. Court leaders are expected to show a more empathetic style of leadership in such situations. Most do. But as COVID-19 and its many variants eventually evolve to become a flu-like menace, kindness as a leadership principle will remain.

The Omicron Variant: How Employers Should Respond

of the Omicron variant of Covid-19 is once again forcing employers to reconsider the measures they are taking to protect employees, customers, suppliers, and distributors. This article — an updated version of a piece published in July 2021 when the Delta variant was sweeping the United States — offers guidelines.

Courts and the 2020 Elections: Partisans for Truth and the Rule of Law

Courts across the United States—state and federal—consistently rejected efforts to upend the 2020 presidential election based on unsupported allegations of fraud or other illegality. They showed their commitment to the rule of law and their vital role in providing forums where claims are resolved based on evidence and reasoned debate. But while courts are a necessary bulwark for our democracy, events since November 2020 have underscored that we cannot rely on courts alone. In a time of increasing partisanship and the use of disinformation to undermine trust in government and other institutions, we must work to strengthen our courts, not only in their adjudicatory role, but also as exemplars of how we should distinguish fact from fantasy in addressing our nation’s challenges.

Are government bans on the teaching of critical race theory unconstitutional?

According to recent reports, local legislators have enacted bills in eight states banning the teaching of critical race theory in public schools, colleges and universities. Similar measures have been or soon will be introduced in 20 more. CRT is an analytic framework that illuminates the manner in which racism and inequality are embedded within society and its structures. The anti-CRT legislative movement targets discussion of racism and bias in the public school system while chilling free speech in violation of the First Amendment.