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The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd Jun 2017

The Press, Privacy, And Public Figures - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd Jun 2017

Prisoner's Rights And The Correctional Scheme: The Legal Controversy And Problems Of Implementation - A Symposium - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd Jun 2017

Skyjacking: Problems And Potential Solutions - Introduction, Donald W. Dowd

Donald W. Dowd

No abstract provided.


Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz Jun 2017

Section 1983 Civil Rights Litigation Colloquium, Erwin Chemerinsky, Martin A. Schwartz

Erwin Chemerinsky

No abstract provided.


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky Jun 2017

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

Erwin Chemerinsky

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …


Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky May 2017

Civil Rights Without Remedies: Vicarious Liability Under Title Vii, Section 1983, And Title Ix, Catherine Fisk, Erwin Chemerinsky

Catherine Fisk

The Supreme Court has taken an inconsistent approach to allowing vicarious liability under major civil rights statutes. In recent cases, the Court has permitted qualified vicarious liability for supervisors' sexual harassment under Title VII, but rejected vicarious liability under Title IX. Earlier, the Court rejected vicarious liability for local governments sued under Section 1983. In this Article, Professors Fisk and Chemerinsky describe the Court's inconsistent approaches and argue that they cannot bejustfied by the text or legislative history of these statutes. Professors Fisk and Chemerinsky argue that each of these statutes is meant to achieve the same purpose, deterring civil …


Not Christian, But Nonetheless Qualified: The Secular Workplace - Whose Hardship?, Gwendolyn Yvonne Alexis Feb 2017

Not Christian, But Nonetheless Qualified: The Secular Workplace - Whose Hardship?, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

This paper examines the uneven history of the U.S. as a haven for religious freedom and links it to the challenges being confronted today in incorporating into U.S. society the influx of immigrants from non-Christian, non-Western cultures. Focusing on the workplace, the author argues that non-Christian employees are at a disadvantage in the so-called secular U.S. workplace because it in truth represents a bastion of secularized Christianity. That is to say, an institutionalization of Christianity in the civil laws and public institutions of the U.S. has allowed religiously embedded practices to masquerade as secular norms. To overcome the Christian presumption …