Abstracts » Law

Justices tackle sex harassment; four cases offer chances to rewrite this area of law

Article Abstract:

Four sexual harassment cases are among those to be decided by the US Supreme Court in its 1997-98 term, and these include a teacher-on-student harassment action and three workplace harassment cases. The court is also considering whether to hear a case involving student-on-student harassment and has asked the solicitor general for his views. Some plaintiffs' lawyers are optimistic because of the court's 1998 decision in Oncale v. Sundowner Services, Inc., on same-sex sexual harassment.

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Sex harassment redefined; in several rulings, high court ends confusion over employer liability

Article Abstract:

The US Supreme Court carried sexual harassment law further during its 1997-98 term, ruling in both Faragher v. City of Boca Raton and Burlington Industries v. Ellerth that an employer had vicarious liability for the sexual harassment of an employee by that employee's direct supervisor. When the harassment has led to no tangible job detriment, there is still vicarious liability although the employer can assert an affirmative defense.

Employer liability

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Bankruptcy's 'new value' argument set; high court ruling could rewrite bankruptcy law

Article Abstract:

The issue in Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street Partnership, to be argued before the Supreme Court in the 1997-98 term, is whether the bankruptcy code's absolute-priority rule specifying how creditors are paid permits an exception for new value. The Bankruptcy Reform Act of 1978 provided no definitive settlement of this question.

Bankruptcy law, Priorities of claims and liens

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