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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.
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, William Corbett
Of Power And Lies: At The Intersection Of Employment Discrimination And Employment At Will, 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 "Fall" Of Summers, The Rise Of "Pretext Plus," And The Excalating Subordination Of Federal Employment Discrimination Law To Employment At Will: Lessons From Mckennon And Hicks, 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.
An Allegory Of The Cave And The Desert Palace, William R. Corbett
An Allegory Of The Cave And The Desert Palace, William R. 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.
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
Mcdonnell Douglas, 1973-2003: May You Rest In Peace?, William Corbett
William R. Corbett
No abstract provided.
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
William R. Corbett
This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and generally is regarded as at least unfair and perhaps immoral, neither federal nor many state employment discrimination laws will be amended …
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.
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
Hotness Discrimination: Appearance Discrimination As A Mirror For Reflecting On The Body Of Employment Discrimination Law, William R. Corbett
William R. Corbett
Abstract for Hotness Discrimination: Appearance Discrimination as a Mirror for Reflecting on the Body of Employment Discrimination Law William R. Corbett This essay considers the topic of appearance-based employment discrimination. The essay introduces the topic by juxtaposing the “hot” story of the summer, the bank employee who claims that she was fired for “being too hot,” with Professor Deborah Rhode’s recently published book, The Beauty Bias: The Injustice of Appearance in Life and Law. In the essay, I argue that although appearance discrimination is one of the most common forms of discrimination in employment and other areas of life and …