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Articles 1 - 5 of 5
Full-Text Articles in Law
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
The Continuing Expansive Pressure To Hold Employers Strictly Liable For Supervisory Sexual Extortion: An Alternative Approach Based On Reasonableness, Heather S. Murr
Publications
This Article offers a normative framework for how the current employer liability standards should be applied to sexual extortion claims. It analyzes the realist-formalist dichotomy in the supervisory sexual extortion context and concludes that the formalist approach is more consistent with the current employer liability standards and related policy considerations. The Article then explains how certain courts have incorrectly applied the second prong of the affirmative defense and inappropriately denied liability by failing to consider the avoidable consequences doctrine and related harm-avoidance principles upon which the second prong is based. The Article concludes by offering a framework for how these …
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Intimate Homicide: Gender And Crime Control, 1880-1920, Carolyn B. Ramsey
Publications
The received wisdom, among feminists and others, is that historically the criminal justice system tolerated male violence against women. This article dramatically revises feminist understanding of the legal history of public responses to intimate homicide by showing that, in both the eastern and the western United States, men accused of killing their intimates often received stern punishment, including the death penalty, whereas women charged with similar crimes were treated leniently. Although no formal "battered woman's defense" existed in the late 1800s and early 1900s, courts and juries implicitly recognized one--and even extended it to abandoned women who killed their unfaithful …
Learning From Wal-Mart, Melissa Hart
Learning From Wal-Mart, Melissa Hart
Publications
This article considers the landmark gender discrimination class action, Dukes v. Wal-Mart Stores, both as a prototype of an emerging litigation strategy and also as a case that is entirely unique. As part of a growing trend of gender discrimination class claims, Dukes has the potential to push the boundaries of the law to confront the pervasive, tenacious stereotypes that continue to limit women's workplace opportunities. The plaintiffs' arguments - both the narrative of discrimination their evidence set out and the legal strategies they chose - are strikingly similar to claims that have been made in many class action …
Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss
Against "Academic Deference": How Recent Developments In Employment Discrimination Law Undercut An Already Dubious Doctrine, Scott A. Moss
Publications
When the defendant in an employment case is a college or other institution of higher education, the plaintiff usually will face an "academic deference" argument. Citing the importance of their "academic freedom," defendants and sympathetic courts have asserted that federal courts should decline to "invade" higher education with "federal court supervision." Whether or not courts cite the "academic deference" doctrine expressly, they certainly have proven hostile to professors' claims of discrimination, dismissing as a matter of law claims that seemed quite strong, or at least solid enough to allow a factfinder to rule either way. Indeed, empirical evidence shows that …
Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey
Restructuring The Debate Over Fetal Homicide Laws, Carolyn B. Ramsey
Publications
The worst problems with the fetal homicide laws that have proliferated around the nation are quite different than the existing scholarship suggests. Critics often argue that the statutes, which criminalize the killing of a fetus by a third party other than an abortion provider, undermine a woman's right to terminate her pregnancy. This concern is overstated. Although supported by anti-abortionists, many of the fetal homicide laws embody the perspective of the so-called "abortion grays," who eschew the absolutism of the doctrinaire pro-choice and anti-abortion camps. This Article explores how a contextual view of life-taking allows us to reconcile legal abortion …