Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (5)
- Labor and Employment Law (4)
- Criminal Law (3)
- Education Law (3)
- Law and Gender (2)
-
- Agriculture Law (1)
- Environmental Law (1)
- Health Law and Policy (1)
- Immigration Law (1)
- Insurance Law (1)
- International Law (1)
- Jurisprudence (1)
- Law and Society (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal Profession (1)
- Military, War, and Peace (1)
- Oil, Gas, and Mineral Law (1)
- Sexuality and the Law (1)
- State and Local Government Law (1)
- Supreme Court of the United States (1)
- Institution
- Publication
- Publication Type
Articles 1 - 14 of 14
Full-Text Articles in Law
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
"Supervisor" Hostile Environment Sexual Harassment Claims, Liability Insurance, And The Trend Towards Negligence, Amanda D. Smith
University of Michigan Journal of Law Reform
A lack of settled standards for determining liability in supervisor hostile environment sexual harassment lawsuits combined with similar uncertainty in the context of employer liability insurance coverage has resulted in increased litigation in this area. This Note argues that the current predominant standard in the employer liability context, which is based on negligence principle should be rejected in favor of an apparent authority standard, which more appropriately strikes a balance between encouraging employers to identify harassing behaviors and exonerating them from liability when they do so and take appropriate remedial action. It further argues that in order to develop effective …
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Responding To Students' Pleas For Relief: The Need For A Consistent Approach To Peer Sexual Harassment Claims, Megan Healy
Northern Illinois University Law Review
The goal of this comment is to illustrate the need for courts to develop a uniform approach to remedying severe sexual harassment in the schools. The comment examines the recent split among the courts in their interpretation and application of Section 1983 and Title IX to peer sexual harassment claims. Recommendations are made to the courts for resolving the split and in particular, to expand and adopt a uniform standard of liability and to follow the Eleventh Circuit's standard for determining when peer sexual harassment is so severe as to require a remedy by the courts.
The Use Of Self-Regulation To Curb Discrimination And Sexual Harassment In The Legal Profession, Joan Brockman
The Use Of Self-Regulation To Curb Discrimination And Sexual Harassment In The Legal Profession, Joan Brockman
Osgoode Hall Law Journal
Many law societies in Canada have responded to studies documenting gender bias and sexual harassment in the legal profession by introducing anti-discrimination rules. The Law Society of British Columbia introduced anti-discrimination rules in 1993. This article discusses the attitudes of a stratified random sample of lawyers (50 women and 50 men) called to the Bar in British Columbia between 1986 and 1990, gathered through in-depth interviews conducted in 1993-94. It addresses the question of whether they think the Law Society's rules prohibiting discrimination and sexual harassment will be effective. The article also raises some questions about the role of self-regulation …
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
The "Undifferentiating Libido": A Need For Federal Legislation To Prohibit Sexual Harassment By A Bisexual Sexual Harasser, Robin Applebaum
Hofstra Labor & Employment Law Journal
No abstract provided.
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
Limiting Liability Through Education: Do School Districts Have A Responsibility To Teach Students About Peer Sexual Harassment?, Diane M. Welsh
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn
Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn
American University Journal of Gender, Social Policy & the Law
No abstract provided.
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
A Field Trip To Benetton And Beyond: Some Thoughts On Outsider Narrative In A Law School Clinic, Carolyn Grose
Faculty Scholarship
This essay explores the process of teaching students—and ourselves—to listen to and accept different versions of reality. Such exploration results in a proposition that is easy to state but difficult to accomplish: that in order to achieve this goal, we must challenge the students' "common sense”—their sense that they "know" how people act—by offering examples of behaviors that differ from that knowledge, without triggering the very "common sense" we are trying to combat. Toward this end, the first section of the essay presents a hypothetical initial interview with a client, and the student interviewer's reactions to her, which reflect the …
Rowinsky V. Bryan Independent School District: Does Title Ix Impose Liability On Schools For Student-To-Student Sexual Harassment, Julie S. Lu
Villanova Law Review
No abstract provided.
Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez
Sex Discrimination And Sexual Harassment In Agricultural Labor, Maria M. Dominguez
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Peer Harassment Under Title Ix Of The Education Amendments Of 1972: Where's The Intent, Chantal N. Senatus
Fordham Urban Law Journal
This Note argues that in peer harassment cases, school districts should face liability under a “known or should have known” standard where the school’s intent to discriminate may be determined by the circumstances of the case. Part I provides a brief historical overview of Title IX and the traditional forms of hostile environment harassment that it has been used to combat, demonstrating that courts use the statute to punish harassment where the school has reason to know of the harassment and fails to take appropriate action. Part II explores a subset of hostile environment cases where U.S. circuit courts are …
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
The Fourteenth Amendment And Title Ix: A Solution To Peer Sexual Harassment Comment., Connie C. Flores
St. Mary's Law Journal
Despite the high occurrence of sexual harassment in schools, many school officials, who are aware of the abuse, do nothing to prevent it. Yet, some officials are beginning to recognize peer abuse is not acceptable due to the detrimental effects on students. As a result, many schools have implemented successful programs to prevent peer harassment. Furthermore, when schools have not responded adequately to the problem, student victims have turned to the courts, suing schools for failure to ensure an environment free from discrimination. Although victims have had little success in taking these cases to court, constitutional and statutory provisions exist …
Shattering The Myth: Mediating Sexual Harassment Disputes In The Workplace, Carrie A. Bond
Shattering The Myth: Mediating Sexual Harassment Disputes In The Workplace, Carrie A. Bond
Fordham Law Review
No abstract provided.
Sexual Harassment And Human Rights In Latin America, Gaby Oré-Aguilar
Sexual Harassment And Human Rights In Latin America, Gaby Oré-Aguilar
Fordham Law Review
No abstract provided.
What's Wrong With Sexual Harassment, Katherine M. Franke
What's Wrong With Sexual Harassment, Katherine M. Franke
Faculty Scholarship
In this article, Professor Franke asks and answers a seemingly simple question: why is sexual harassment a form of sex discrimination under Title VII of the Civil Rights Act of 1964? She argues that the link between sexual harassment and sex discrimination has been undertheorized by the Supreme Court. In the absence of a principled theory of the wrong of sexual harassment, Professor Franke argues that lower courts have developed a body of sexual harassment law that trivializes the legal norm against sex discrimination. After illustrating how the Supreme Court has not provided an adequate theory of sexual harassment as …