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Full-Text Articles in Law
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
Publications
This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …
Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White
Say You're Sorry: Court-Ordered Apologies As A Civil Rights Remedy, Brent T. White
Publications
This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution. Part II provides a brief overview of current legal scholarship in the area of apology, including the lack of such scholarship related to court-ordered apologies as a civil remedy. Part III argues that traditional forms of compensation fail to provide adequate relief to civil rights victims because they neglect psychological, emotional, and …