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Full-Text Articles in Law
A Modern Theory Of Direct Corporate Liability For Title Vii, Sandra F. Sperino
A Modern Theory Of Direct Corporate Liability For Title Vii, Sandra F. Sperino
Faculty Articles and Other Publications
Something is missing from Title VII-a modern and fully functional theory of direct employer liability for individual discrimination claims. Courts largely focus on finding employers indirectly liable for discrimination through the acts of their agents, rather than viewing the employer as the culpable actor in appropriate circumstances. This Article posits that five major problems with Title VII can be eliminated or reduced by once again recognizing the importance of direct employer liability and by re-theorizing direct liability using modern conceptions of corporate character.
Borrowing the emerging concept of corporate character from criminal law and corporate law scholarship, this Article attempts …
The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra F. Sperino
The New Calculus Of Punitive Damages For Employment Discrimination Cases, Sandra F. Sperino
Faculty Articles and Other Publications
To determine whether a punitive damages award is constitutionally excessive, courts are required, among other things, to consider the ratio of compensatory to punitive damages. No longer is the total sum of remedies the only relevant calculation in determining whether an award is excessive. The numbers the judge decides to use in the ratio comparison also become important, in many cases determining whether excessiveness review is even warranted.
Owing in part to the complexities of the employment discrimination remedies regime, courts make numerous errors when undertaking the required comparison in the employment discrimination context. When conducting the excessiveness calculus, some …