Category: Digital Advocate
McDonnell Douglas in the Crosshairs? What Hittle v. City of Stockton May Signal by Alexandra S. Grande and Zachery J. McCraney
The United States Supreme Court denied certiorari in Hittle v. City of Stockton on March 10, 2025. Justice Thomas’ pointed dissent, joined by Justice Gorsuch, makes clear that at least two justices are prepared to revisit the McDonnell Douglas burden-shifting…
Read Full ArticleUnemployment Compensation Appeals and Workplace Misconduct by Douglas A. Werth
Introduction Each year, the Idaho Industrial Commission (Commission) issues more than 300 unemployment compensation (UC) decisions. As one of the deputy attorneys general assigned to the Idaho Department of Labor (IDOL), I review nearly all Commission decisions. My aim with…
Read Full ArticleOverview of the Scope of Muldrow v. City of St. Louis’s “Simple Injury” Standard in Title VII and Other Anti-discrimination Statutes by Rafael A. Icaza
In Muldrow v. City of St. Louis (2024), the U.S. Supreme Court adopted a “simple injury” test for determining whether an adverse employment action occurred in a disparate treatment claim under Title VII of the Civil Rights Act of 1964.[i]…
Read Full ArticleFeatured Article: Reinstatement Is Just the Beginning: A “Make Whole” Remedy Checklist by Samuel J. Fenton
When an arbitrator orders reinstatement “with full back pay,” it’s tempting to declare victory, shake hands, and move on. The employee gets their job back; the employer closes the file; the union or plaintiff’s counsel can report a win. By…
Read Full ArticleIncoming President’s Message: Resolutions, the First Amendment, and You by Hon. Robert L. Jackson and Logan Graham
2025 has come to a close and I am sitting at home on a cold afternoon contemplating the new year. I have an article to write, so what better topic than New Year’s Resolutions? First, before even writing about New…
Read Full ArticleProgram Report: Idaho Volunteer Lawyers Program Fall 2025 Recap by Jennifer M. Schindele
According to a 2025 Report done by the American Bar Association, more than 75 percent of attorneys in the U.S. have provided pro bono service during their careers.[1] Despite that impressive statistic, the need for civil legal services for people…
Read Full ArticleIdaho Law Foundation President’s Message: Reflecting on Achievements & Looking Ahead by Kimberlee S. Bratcher
Happy New Year to all! In July 2025, I began my term as President of the Idaho Law Foundation, taking over from Sunrise Ayers. We owe her a tremendous debt of gratitude for her service. Sunrise has been a driving…
Read Full ArticleAI in the Courts: Balancing Tradition and Innovation by Chief Justice G. Richard Bevan
Nearly a decade ago, as a district judge in Twin Falls, I was the first of our judges to start using electronic court records. At the time, I felt a little like a pioneer with a new map hand—excited about…
Read Full ArticlePutting Kids Through Their PaCEs: How Positive Childhood Experiences Can Support Resilience Practices in Overcoming Trauma by Janice Beller
When Jenny Easley, Program Manager for CASA of Southwest Idaho,[1] reflects on her six and a half years of work as a guardian ad litem in child welfare cases, she will tell you that she has seen some amazingly resilient…
Read Full ArticleSIJS—Protecting Vulnerable Foreign National Children—A Path to Stability by A. Denise Penton and Betsaida Chavez-Hermes
On Friday, October 3, 2025, Immigration and Customs Enforcement (ICE) launched an operation referred to as “Freaky Friday,” targeting a limited group of unaccompanied minors. Unaccompanied minors are foreign national children who have traveled from their home country to the…
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