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Full-Text Articles in Law
Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks
Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
Part I of this article briefly examines some of the drawbacks and inconsistencies of Title VII sexual harassment jurisprudence and shows that Title VII does not provide an adequate framework for understanding many common forms of workplace harassment. Title VII is unquestionably a critical means of fighting against workplace discrimination; however, by emphasizing discrimination at the expense of dignity, the Title VII workplace harassment paradigm provides an incomplete understanding of the wrongs of workplace harassment.
Part II of this article asserts the importance of an approach to sexual harassment that distinguishes between the nature of the harm of workplace sexual …
Taking Fiction Seriously: The Strange Results Of Public Officials' Individual Liability Under Bivens, Cornelia T. Pillard
Taking Fiction Seriously: The Strange Results Of Public Officials' Individual Liability Under Bivens, Cornelia T. Pillard
Georgetown Law Faculty Publications and Other Works
This article argues that the Supreme Court's decision to place liability on federal officials in their personal capacity--what Professors Fallon and Meltzer call Bivens's "genius"--is in fact its Achilles' heel. Individual liability under Bivens has become fictional because it is the government, and not the individual personally, that is in fact liable in Bivens cases. The individual liability fiction has ended up helping the federal government more than the Bivens plaintiff in various ways, and has contributed to the low rate of recovery under Bivens.
It may seem odd to attribute the low rate of Bivens recoveries to the individual …