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The Cat’S Paw Supervisor: Vance V. Ball State University’S Flexible Jurisprudence, Daniel Leigh
The Cat’S Paw Supervisor: Vance V. Ball State University’S Flexible Jurisprudence, Daniel Leigh
Northwestern University Law Review
It is easier to hold a company liable for workplace harassment perpetrated by a supervisor than by a coworker. In Vance v. Ball State University, the Supreme Court attempted to clarify the crucial yet enigmatic definition of “supervisor.” In doing so, the Court created a definition that early commentators criticized as too narrow and too inflexible to capture the varied structures of the modern workplace. In contrast to those commentators, this Note argues that Vance’s definition is flexible enough to encompass all workplaces. Vance’s definition does this by incorporating the tort concept of proximate causation into employment …
(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter
(Un)Equal Protection: Why Gender Equality Depends On Discrimination, Keith Cunningham-Parmeter
Northwestern University Law Review
Most accounts of the Supreme Court’s equal protection jurisprudence describe the Court’s firm opposition to sex discrimination. But while the Court famously invalidated several sex-based laws at the end of the twentieth century, it also issued many other, less-celebrated decisions that sanctioned sex-specific classifications in some circumstances. Examining these long-ignored cases that approved of sex discrimination, this Article explains how the Court’s rulings in this area have often rejected the principle of formal equality in favor of broader antisubordination concerns. Outlining a new model of equal protection that authorizes certain forms of sex discrimination, (Un)Equal Protection advocates for one particular …
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Protecting Title Vii's Antiretaliation Provision In The Wake Of University Of Texas Southwestern Medical Center V. Nassar, Kimberly A. Pathman
Northwestern University Law Review
No abstract provided.