Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- 1981 (1)
- British employment law (1)
- But-for cause (1)
- Causal doctrines (1)
- Cause of action (1)
-
- Common Law (1)
- Congress (1)
- Digital platform workers (1)
- Employee versus independent contractor (1)
- Employment Law (1)
- Employment contracts (1)
- Employment discrimination (1)
- Gender Discrimination (1)
- Gender Equality (1)
- Joint employment (1)
- Motivating factor (1)
- Race discrimination (1)
- Respondeat superior (1)
- Sexual Harassment (1)
- Standards (1)
- Tort (1)
Articles 1 - 3 of 3
Full-Text Articles in Labor and Employment Law
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino
Brief Of Amici Curiae Employment Law Professors In Support Of Respondents, Sandra F. Sperino
Faculty Articles and Other Publications
This Court should not interpret section 1981 to require proof of but-for causation, given that statute’s text, history, and purpose. Although Comcast invokes the canon of statutory construction that Congress intends statutory terms to have their settled common-law meaning, that canon does not apply here. Section 1981 has no statutory text that reflects a common-law understanding of causation. Indeed, in 1866, when Congress enacted the predecessor to section 1981, there was no well-settled common law of tort at all. Rather, just as courts have read 42 U.S.C. § 1982, which shares common text, history and purpose, this Court should read …
The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes
The Female Body In The Workplace: Judges And The Common Law, Maritza I. Reyes
Journal Publications
If the common law serves to liberate women, everybody, including judges, should understand the role they do play and should play in the development of the common law. As a career law clerk in the federal courts, I witnessed the decision-making process inside the chambers of federal judges and in the courtrooms. I came to the conclusion that judges, more than statutory law, influence what happens to female bodies in the workplace. Litigants initially drive the common law by filing complaints. However, judicial decisions affect not only the litigants in their individual cases, they also serve as precedent for future …
Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael C. Harper
Using The Anglo-American Respondeat Superior Principle To Assign Responsibility For Worker Statutory Benefits And Protections, Michael C. Harper
Faculty Scholarship
When viewed flexibly, not to find doctrinal rules, but rather to find insight from judges' collective judgment on social values, the common law may have particular value for modern policy makers. For instance, a common law insight could set policy makers in both the United States (U.S.) and the United Kingdom (U.K.) on a promising path for defining when workers are to be protected and benefitted by employment statutes. That insight reflects the underlying rationale for the common law that made relevant the initial distinction between employees and independent contractors - the common law of vicarious liability through respondeat superior. …