Supreme Court Affirmative Action Ruling – Fisher v. University of Texas

Today the Supreme Court  returned the challenge to the University of Texas’s affirmative action admissions program to the 5th Circuit Court of Appeals for reconsideration.  The Court of Appeals, affirming the U.S. District Court, had rejected Abigail Fisher’s challenge to the admissions program, finding that the University had followed the Supreme Court’s requirements spelled out in 2003 in the case of Grutter v. Bollinger, which allow for consideration of race in the context of a … <Read More>


The NY Philharmonic Returns – Two Fine Concerts after Spring Tour

The New York Philharmonic was off on a tour last month, then returned to dedicate June to “Alan Gilbert’s Playlist,” the idea that the season would close with a selection of conductor Gilbert’s favorites.  But first, there was a distinguished young guest conductor, Lionel Bringuier, to present a bit of a grab-bag program of mainly lighter works that was sheer fun to hear.  I attended the Saturday performance on June 15.

 The concert got off … <Read More>


Greenberg Play “Assembled Parties” a Pointed Character Study

I attended a performance of Richard Greenberg’s “The Assembled Parties” a week ago, with my usual theater-going companion, who was the one who really wanted to see this one.  The play presents us with the annual Christmas dinner gathering of a secular Jewish family on the Upper West Side of Manhattan in 1980 (Act I) and 2000 (Act II). 

 Of course, there must be dysfunction and tensions for a play like this to be interesting, … <Read More>


Supreme Court Holds Anti-Prostitution Pledge Required by Federal Funding Law to be Unconstitutional

Today the U.S. Supreme Court ruled that a federal statute conditioning funding for overseas HIV-prevention work by non-governmental organizations on those organizations having a policy explicitly opposing prostitution violates the 1st Amendment.  Writing for the 6-2 majority, Chief Justice John R. Roberts, Jr., quoted from the Court’s famous Flag Salute case from 1943, which stated: “If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe … <Read More>


Law School Hypothetical? Or Real Life? Same-Sex Spousal Immunity in Kentucky?

Prosecutors in Jefferson County, Kentucky, have charged Bobbie Joe Clary with the murder of George Murphy on October 29, 2011.  Clary is arguing self-defense, claiming that Murphy was raping her when she fought back and hit him in the head with a hammer, causing his death. 

Clary previously entered into a civil union with Geneva Case in Vermont in 2004.  In 2009, Vermont enacted a marriage equality law, under which all previously contracted civil unions … <Read More>


Chelsea Opera’s production of “A Distant Love: Songs of John and Abigail Adams”

On May 31 I received an email from Chelsea Opera inviting me to attend one of their two performances of “A Distant Love: Songs of John and Abigail Adams,” a “chamber opera” for two singers and string quartet by Gary Fagin (music) and Terry Quinn (libretto), with the idea that I would “review” the performance for my blog.  I accepted the invitation and attended the second performance, which just concluded this afternoon, June 15. 

The … <Read More>


Theater Diary – Spring 2013

This is a “catch-up” post for my theatergoing this spring, covering ten shows attended between March and May.

First I’ll comment briefly on the two City Center Encores productions that I haven’t yet mentioned on this blog.  They are Rodgers & Hart’s “On Your Toes” and Strouse and Adams’ “It’s a Bird… It’s a Plane… It’s Superman.”  I found both of the productions up to the high standards of Encores, definitely meeting the series’ goal … <Read More>


New York Appellate Division Construes HIV Confidentiality Law in Discovery Dispute

A unanimous five-judge panel of the New York Appellate Division ruled on June 6 that plaintiffs in a wrongful death action had failed to provide evidence necessary to show a “compelling need” for medical records that might include HIV-related information about the decedent.  The ruling, reversing a trial court discovery order, granted plaintiff’s cross-motion for a protective order “concerning records related to any HIV/AIDS status that plaintiff’s decedent may have,” and also cut down the … <Read More>


“Good Television” at Atlantic Theater Company

I have a big stack of theater and opera programs stretching back over the spring, waiting to be written up as a diary entry, but I want to jump the line because I just got home from seeing a terrific new play off-Broadway that deserves attention and, since in the nature of things such plays presented by repertory companies have limited runs, I want to do my part and get the word out.  The play … <Read More>


Divided 5th Circuit Panel Finds No Constitutional Privacy Protection for Lesbian High School Student

A panel of the U.S. Court of Appeals for the 5th Circuit voted 2-1 that a lesbian high school student did not have a clearly established constitutional right of informational privacy in her sexual orientation.  Reversing a district court ruling, the panel held that two female high school softball coaches enjoy immunity from constitutional liability for “outing” the girl to her mother, in apparent retaliation for the girl having told another student that one of … <Read More>