Abandoning ship: government liability for shipyard asbestos exposures

Article Abstract:

Asbestos suppliers held liable for the injuries of naval shipyard workers can be indemnified by the government if courts recognize the government's awareness of asbestos hazards and intentional withholding of such evidence from suppliers and exposed workers. Application of the superior knowledge doctrine will make the government share liability with suppliers and limit its ability to dodge liability by arguing that suppliers were experienced manufacturers who knew or should have known of asbestos risks. Such changes will allow injured workers full recovery and free bankrupted suppliers from bearing more than their share of liability.

Health aspects, Cases, Government liability, Product liability, Products liability, Asbestos, Public contracts, Government contracts, Navy-yards and naval stations, Naval bases, Naval shipyards

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Seeking a superior institutional liability standard under Title IX for teacher-student sexual harassment

Article Abstract:

Applying agency principles to find schools liable for sexual harassment of students by teachers would provide students with adequate remedies and provide schools with incentives to monitor teacher conduct. Sex discrimination law in the employment context does not transfer well to the teacher-student context, but agency law used for quid pro quo claims should be applied to all student sexual harassment claims. Limiting institutional liability to instances when the school knew of the conduct and failed to act discourages the school from policing misconduct and limits remedies.

Standards, United States, Employer liability, Sexual harassment, Discrimination in education, Educational discrimination, Teacher-student relationships, Teacher-student relations

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