Word: scalias
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...distraction: no more talk, no more shows, no more press conferences. The next time anyone would see him, he would be in a courtroom. He was sure he had a winning hand, the best one he'd had since having to give up his poker games with Justice Antonin Scalia to represent the President...
...lost. What is more, many judges think sexual-harassment claims have gone too far, that one-time propositions like Clinton's should not be the basis for litigation. Call this the "no harm, no foul" school, and include among its proponents a majority of the Supreme Court. Justice Antonin Scalia, for instance, recently wrote that sexual-harassment law should not be interpreted as a "general civility code" for the nation. (As the famously brusque Justice surely knows, rudeness is all-American and fully constitutional...
...clerked for Supreme Court Justice Antonin Scalia and practiced at the firm of Sidley & Austin in Washington, D.C., before joining the Law School faculty...
...however, the high court left wide open what it does mean to discriminate "because of" gender. A lower court had held that male-on-male harassment counts as discrimination only if the harasser is gay, since the gay harasser is clearly choosing his victim because of his gender. And Scalia agreed that homosexuality could be contributing evidence. This part of the ruling could lead to investigations that "out" accused harassers to prove discrimination...
Last week most lesbians and gays praised Scalia's ruling--a first for the Justice--for treating same-sex harassment no differently from that between a man and a woman. But some scholars were worried that the court's insistence on showing a disparity in treatment of men and women could have a perverse effect: "If you see a sexual harassment claim coming, you can just start abusing women too," says Deborah Epstein, who teaches law at Georgetown University. And that could inspire a new legalism: equal-opportunity harasser...