Wrongful discharge in violation of public policy circumscribes the employment at-will doctrine by prohibiting employers from firing employees who engage in conduct that is deemed to be protected by state or federal public policy. While much has been written about the pros and cons of such...

The U.S. Court of Appeals for the Fourth Circuit determined the Supreme Court’s holding in University of Texas Southwestern Medical Center v. Nassar — that an employee claiming Title VII retaliation must prove that retaliatory animus was a but-for cause of the adverse employment action —...

The common law engages with social media in a manner that overlaps with defamation: seeking to balance the competing interests of free speech and protection of reputation. Employment law prompts a question as to how the law on this topic is developing. Adjudication of the concept of business...

Throughout history, lotteries have been used in numerous legal contexts. However, legal theorists have rarely discussed the role of randomization in law, and have never done so systematically and comprehensively. Against this backdrop, the Article has three underlying goals. First, it fills the...

This bibliography covers private international law, or conflict of laws, in a broad sense. In particular, it covers judicial or adjudicatory jurisdiction, prescriptive jurisdiction, choice of forum, choice of law, federal-state conflicts, recognition and enforcement of sister-state and...

Agricultural exceptionalism and inconsistent regulatory enforcement continue to weaken workplace protections for farmworkers. Although empowered to promulgate pesticide safety regulations by the Federal Insecticide, Fungicide, and Rodenticide Act, the EPA has failed to reduce pesticide exposure...

Under the doctrine of vicarious liability, a deep-pocket principal is often held responsible for a third-party harm caused by a judgment-proof agent's negligence. We analyze the incentive contract used by the principal to control the agent's behavior when a court can make an error in determining...

This article assesses Judge Posner's opinion in Doll v. Brown, suggesting that lost chance theory be applied to probabilistic injuries in competitive hiring and promotion cases involving employment discrimination. I agree with Judge Posner that the lost chance remedial approach, derived from...

This article argues that the employment relationship remains central to vicarious liability for most, but not all, torts. It criticised the decision of the England and Wales Court of Appeal in Barclays Bank Plc v Various Claimants [2018] EWCA Civ 1670, a decision that was later reversed by the...

If employers ever have had an incentive to electronically monitor employees through video and e-mail surveillance, it is today. Employers increasingly are found vicariously liable for sexual harassment in the workplace, negligent retention claims are being made more frequently, and workplace...