By Julia Gaffney, law student intern Last week the Fourth Circuit Court of Appeals held that individuals who experience gender dysphoria can be protected from discrimination under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. Kesha Williams, a transgender woman with gender dysphoria, was incarcerated for six months…
Zalkind Duncan & Bernstein LLP is proud to announce that Attorneys Inga Bernstein, David Duncan, Emma Quinn-Judge, Monica Shah, Naomi Shatz, Rachel Stroup, David Russcol, Ana Munoz, Norman Zalkind, and Ruth O’Meara-Costello are listed in the 2023 edition of The Best Lawyers in America. They were recognized for their work in…
The majority of adolescents in Massachusetts, at some point, engage in behaviors that could subject them to delinquency proceedings in Juvenile Court. Although most of those adolescents are unlikely to engage in that type of behavior more than once or twice, even those who are otherwise not at risk for…
Earlier this week, a federal judge largely denied the defendants’ Motion for Summary Judgment in a case alleging that a nonprofit operating group homes on Cape Cod coerced our client into working long hours for no cash wages for nearly two years, and allowed her to be sexually harassed by…
ZALKIND DUNCAN & BERNSTEIN LLP is hiring an associate to join our premier Boston criminal defense and civil litigation boutique. This progressive 13-lawyer law firm has a dynamic federal and state court practice, at both the trial and appellate levels. Our criminal defense practice includes crimes of violence, fraud and…
In Concepcion v. United States, the U.S. Supreme Court continued its support for sentencing discretion for district court judges. In this case, the issue was how much discretion a sentencing judge has when resentencing a defendant pursuant to the First Step Act, a substantial criminal justice reform act that Congress…
Under longstanding case law in Massachusetts and the First Circuit, a court must interpret a student handbook or other school policy consistent with the “reasonable expectations” of a student reading it. If the school fails to follow its established policies, the student may be able to hold it accountable through…
The SJC struck an initiative from November’s ballot that, if approved, would have created a new class of “app-based driver” not subject to many bedrock employment laws. In Koussa v. Attorney General, the Court held that the proposed initiative raised too many different policy questions, and, thus, did not meet…
This week, the Fourth Circuit court of appeals, sitting en banc (meaning all of the judges of the court together), held that a charter school’s dress code that requires girls to wear skirts violates their constitutional right to equal protection. The Court also reasoned that the dress code likely violates…
In a resounding victory for civil liberties, in January the First Circuit overturned an immigration court’s denial of Cristian Josue Diaz Ortiz’s claims for asylum, finding that the Boston Police Department’s (BPD) Gang Assessment Database (on which the immigration court’s decision relied) is a “flawed” system that relies on “an…