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Full-Text Articles in Law
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Eyes Wide Shut: Using Accreditation Regulation To Address The “Pass-The-Harasser” Problem In Higher Education, Susan Saab Fortney, Theresa Morris
Faculty Scholarship
The #MeToo Movement cast a spotlight on sexual harassment in various sectors, including higher education. Studies reveal alarming percentages of students reporting that they have been sexually harassed by faculty and administrators. Despite annually devoting hundreds of millions of dollars to addressing sexual harassment and misconduct, nationwide university officials largely take an ostrich approach when hiring faculty and administrators with little or no scrutiny related to their past misconduct. Critics use the term “pass the harasser” or more pejoratively, “pass the trash” to capture the role that institutions play in allowing individuals to change institutions without the new employer learning …
Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney
Keeping Lawyers' Houses Clean: Global Innovations To Advance Public Protection And The Integrity Of The Legal Profession, Susan Saab Fortney
Faculty Scholarship
Around the globe regulators are rethinking the scope of their mandates and responsibilities. They are assuming more expansive roles rather than limiting their efforts to disciplining lawyers after misconduct occurs. This Article examines such regulatory initiatives in three areas. First, it discusses developments related to proactive management-based programs in which regulators partner with lawyers who self-assess their firms’ management systems. Data reveal that such assessments help lawyers avoid problems through developing their firms’ ethical infrastructure. When misconduct occurs, injured persons often seek monetary redress. These persons may not be able to obtain recovery unless they have suffered substantial damages to …
Slaves For Rent: Sexual Harassment In Housing As Involuntary Servitude, Aric K. Short
Slaves For Rent: Sexual Harassment In Housing As Involuntary Servitude, Aric K. Short
Faculty Scholarship
Recognizing the various shortcomings of the FHA when applied in the context of post-acquisition harassment in general, and sexual harassment in particular, this Article explores an alternative vehicle for victims of such abuse: the Thirteenth Amendment. Ratified in 1865, the Thirteenth Amendment provided a formal legal end to African chattel slavery across the United States. But the Thirteenth Amendment has legal importance beyond the abolition of slavery. The Amendment was and remains both a powerful liberating force and a guarantor of fundamental rights for all Americans. In particular, the text of the Thirteenth Amendment extends its reach beyond slavery to …