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He spent the next two years as a judicial clerk, first with Charles Wolle of the U.S. District Court for the Southern District of Iowa and then with David R. Hansen of the Eighth Circuit Court of Appeals.
In the United States, the Eighth Circuit Court of Appeals found that Domino's Pizza's no-beard policy created a disparate impact by excluding a quarter of black males from employment but almost no white males, violating the 1991 Civil Rights Act, Title VII.
In 1978, the Eighth Circuit Court of Appeals struck as unconstitutional the FCC mandatory access regulations under which Byrd and Goldstein had challenged the cable provider's actions, but the U.S. Supreme Court disposed of the case on other grounds.
Prior to joining the faculty at the University of Denver Sturm College of Law in 2008, he clerked for the Honorable Barefoot Sanders in the United States District Court for the Northern District of Texas and the Honorable Kermit Edward Bye in the Eighth Circuit Court of Appeals.