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Full-Text Articles in Law
Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett
Of Babies, Bathwater, And Throwing Out Proof Structures: It Is Not Time To Jettison Mcdonnell Douglas, William Corbett
William R. Corbett
No abstract provided.
Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett
Daubert V. Merrell Dow Pharmaceuticals Inc.: Keeping The Gate In Employment Discrimination Cases, William Corbett
William R. Corbett
No abstract provided.
The Need For A Revitalized Common Law Of The Workplace, William Corbett
The Need For A Revitalized Common Law Of The Workplace, William Corbett
William R. Corbett
No abstract provided.
Faragher, Ellerth, And The Federal Law Of Vicarious Liability For Sexual Harassment By Supervisors: Something Lost, Something Gained, And Something To Guard Against, William Corbett
William R. Corbett
In this Essay, the author faces his nightmare exam question: he must define "sexual harassment" to the satisfaction of several potential graders with different perspectives on sexual harassment law. His valiant effort to justify his response leads him to a discussion of the federal law of vicarious liability for sexual harassment by supervisors after the Supreme Court's recent rejection of tort law respondeat superior analysis for such claims under Title VII. The author argues that, while the rejection of the tort standard for vicarious liability in Title VII claims removes the longstanding connection between Title VII law and state tort …
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett
The Ugly Truth About Appearance Discrimination And The Beauty Of Our Employment Discrimination Law, William Corbett
William R. Corbett
No abstract provided.
Fixing Employment Discrimination Law, William Corbett
Fixing Employment Discrimination Law, William Corbett
William R. Corbett
Employment discrimination law in the United States is "broken." The proof structures that are used to analyze claims,rule on motions, and instruct juries are fraught with crucial uncertainties. The state of disrepair is so bad that lawyers and judges do not know how to analyze any given case. It is time for Congress to repair the proof structures through legislation, and it is a propitious time to do so. This article proposes the repairs that Congress should enact.