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Full-Text Articles in Law
Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin
Customer Domination At Work: A New Paradigm For The Sexual Harassment Of Employees By Customers, Einat Albin
Michigan Journal of Gender & Law
This Article introduces a novel legal paradigm—customer domination at work—to address the sexual harassment of employees by customers. This new approach challenges the prevailing paradigm, which focuses on the employer-employee binary relationship. I show how, under current Title VII law, the prevailing paradigm leads to a weaker form of employer liability than other instances where employers are liable for the sexual harassment of their employees. The protection for workers is also limited. The same is true of two other legal regimes discussed in the Article: Germany and Britain. More importantly, I argue that the prevailing paradigm precludes a true understanding …
The Death Of The Firm, June Carbone, Nancy Levit
The Death Of The Firm, June Carbone, Nancy Levit
Faculty Works
This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …