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Supreme Court Grants City Council Members Absolute Immunity from Section 1983 Liability for Hiring and Firing Decisions in Bogan v. Scott-Harris: An Isolated Decision Or a Change in Immunity Jurisprudence, The
(Creighton University School of Law, 1999)
INTRODUCTION|In Tenney v. Brandhove, the United States Supreme Court concluded that Congress did not intend for 42 U.S.C. Section 1983, enacted as part of the Civil Rights Act of 1871, to eradicate legislative immunities ...
Congress, the Internet, and the Intractable Pornography Problem: The Child Online Protection Act of 1998
(Creighton University School of Law, 1999)
INTRODUCTION|In 1998, sixteen million children under age eighteen were reported to be using the Internet, nearly doubling the number of children reported to be online in 1997. Over six million of these children were age ...
Is There a Significant Risk Or High Probability of HIV Transmission from an Infected Health Care Worker to Others - The Sixth Circuit's Answer Lies in Mauro v. Borgess Medical Center
(Creighton University School of Law, 1999)
INTRODUCTION|The Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 ("ADA") were enacted by Congress to protect individuals with handicaps or disabilities from discrimination. In order to prevail ...
Title IX Standards in Teacher-Student Sexual Harassment: What Are We Teaching the Teachers - Gebser v. Lago Vista Independent School District
(Creighton University School of Law, 1999)
INTRODUCTION|Title IX was enacted in 1972, and provides that "[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination ...
Changed Face of Liability for Hostile Work Environment Sexual Harassment: The Supreme Court Imposes Strict Liability in Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth, The
(Creighton University School of Law, 1999)
INTRODUCTION|Section 2000e-2 of the Civil Rights Act of 1964, commonly known as Title VII, prohibits discrimination based on sex. Sexual harassment, whether quid pro quo or hostile work environment, falls within Title VII's ...
And When She Got There, the Cupboard Was Bare: The Producer's Plight in Grain Warehouse Insolvency
(Creighton University School of Law, 1984)
INTRODUCTION|One hundred and six years ago, the United States Supreme Court wrote that grain warehouses stand "at the very gateway of commerce to take toll from all who pass," and that the warehouses "must submit to be ...
Sources of Law in a Changing Legal Order, The
(Creighton University School of Law, 1984)
INTRODUCTION|My subject for this TePoel lecture arises from a difficulty I have had in my current work, which is the preparation of a casebook on comparative law and, specifically, that part of the casebook which deals ...
Worker's Compensation - Jenson v. Floair: Restrictions on the Extraterritorial Applicability of the Nebraska Workmen's Compensation Act
(Creighton University School of Law, 1984)
INTRODUCTION|In Nebraska, employees may initiate actions against their employers for injuries arising out of and in the course of employment under the guidelines set forth in Nebraska's Workmen's Compensation Act. The ...
Voluntary Racial Goals after Weber: How High Is Too High
(Creighton University School of Law, 1984)
FIRST PARAGRAPH(S)|Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment because of race, color, religion, sex, or national origin. In United Steelworkers of America v. Weber, the United States ...
Prejudgment Interest - Classen v. Becton, Dickinson (and) Co.: Clarification of the Rule in Nebraska Concerning Prejudgement Interest
(Creighton University School of Law, 1984)
INTRODUCTION|Under the American system of jurisprudence, damages are the compensation awarded to a party for any loss or harm sustained due to the culpable actions of another. The primary purpose of awarding compensation ...