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Full-Text Articles in Law
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
Faculty Publications
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Habeas Review Of Perfunctory State Court Decisions On The Merits, Scott Dodson
Faculty Publications
This article discusses the appropriate standard of review a federal habeas court should use to review a state-court determination of federal law unaccompanied by a federally-based rationale. In other words, what standard of review does the federal court employ when the state court’s opinion is wholly composed of the phrases: “The claims are without merit. Denied.”? The Supreme Court has not explicitly resolved the issue, and various federal judges around the country have reached different opinions. This article argues that a close scrutiny of the controlling habeas corpus statute, relevant case law, and policy considerations leads to the conclusion that …
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Faculty Publications
No abstract provided.
An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein
An Equity Paradigm For Preventing Genetic Discrimination, Anita Silvers, Michael Ashley Stein
Faculty Publications
No abstract provided.
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Book Review Of Anti-Discrimination Law And The European Union, Michael Ashley Stein
Faculty Publications
No abstract provided.