Justices' Textualism Tug-of-War; Law Firms Undersell Leadership Training; Artificial Intelligence, Real Liability: The Morning Minute
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June 16, 2020 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
SCOTUS SCHISM – Here's a joke that will kill at your next Zoom happy hour: Why couldn't the U.S. Supreme Court textualists agree? They weren't on the same page. As Marcia Coyle reports, yesterday's landmark SCOTUS decision applying Title VII to protect LGBTQ workers revealed a rift between Justice Neil Gorsuch and his conservative colleagues over the true meaning of textualism. Gorsuch, leading the majority, found that Title VII's provision barring employers from discriminating "because of … sex" includes discrimination based on sexual orientation and gender identity—even if the law's congressional drafters could not have anticipated such an application way back in 1964. But Justices Samuel Alito Jr. and Brett Kavanaugh strongly disagreed, with Alito calling the majority opinion "breathtaking" in its "arrogance" and Kavanaugh arguing that it conflated textualism with literalism.
LEAD DEGENERATION – A new study suggests the largest law firms may be emphasizing salesmanship to the detriment of leadership in their training programs. Patrick Smith reports that the study, led by legal consultants Marcie Borgal Shunk and Silvia Coulter, found the vast majority of partners and associates surveyed had received sales and professional development training, but a much smaller percentage reported receiving leadership courses. In addition, the study found that most firms' much-touted client teams left a lot to be desired, a problem Coulter blamed largely on a lack of training on how to put team members' skills to work.
MAJOR MALFUNCTIONS - A new commentary by Andrew Burt, managing partner at AI- and analytics-focused boutique law firm bnh.ai, warns that the longer regulators wait to get a handle on AI, the more widely used the technology becomes and the more its potential harms become evident. Part of the reason? Artificial intelligence can sometimes be real dumb. Take, for example, the Michigan Integrated Data Automated System, used by the state to monitor filing for unemployment benefits, which was recently alleged to have falsely accused thousands of citizens of fraud, sparking several class action lawsuits. Luckily, Burt has some tips for managing AI's risks that can potentially help organizations avoid costly lawsuits and hefty fines.
EDITOR'S PICKS
Chief Legal Officers, Chief Human Resource Officers Partner to Combat Workplace Racism
Texas Attorney Reflects on First Civil Jury Trial in State During Pandemic
Georgia Attorneys Share Their Experiences 'at the Corner of Law and Humanity'
WHILE YOU WERE SLEEPING
EASING IN - Meganne Tillay reports that Dentons has become the first major law firm to officially reopen its offices in London—but it's not rushing attorneys or staff back in. The firm said in a statement that it will maintain a 25% occupancy in the office in order to enable social distancing, and those who wish to return will need approval. In addition, the firm is using a track and trace system under which employees are given a pass that only works on their floor and are required to sign in and out of the building.
WHAT YOU SAID
"The balance between public health and civil liberties—you have seen the COVID pandemic just blow up that whole idea."
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