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Deborah Brake, Professor of Law, University of Pittsburgh: Professor Brake will explore how concepts of tort law (employer wrongfulness, employee reasonableness and causation) intersect with retaliation law. Specifically she will discuss how these concepts surreptitiously influence judicial decisions about what counts as “protected activity” under Title VII’s opposition clause.
Jonathan Cardi, Professor and Associate Dean for Research and Development, Wake Forest University School of Law: Professor Cardi will discuss the parallels between tort duty analysis, the judge/jury question, and proximate cause analysis in Title VII jurisprudence.
Martha Chamallas, Robert J. Lynn Professor of Law, Ohio State University, Moritz School of Law: Professor Chamallas will discuss differing approaches to vicarious (or institutional liability) for employee sexual abuse and harassment under tort law versus anti-discrimination law.
William R. Corbett, Frank L. Maraist Professor of Law, LSU Law Center: Professor Corbett will discuss the role of tort law in filling gaps in employment termination law not adequately covered by discrimination law. Professor Corbett needs to be scheduled early in the day.
L. Camille Hébert, Carter C. Kissell Professor of Law, Ohio State University, Moritz School of Law: Professor Hebert will discuss the implications of addressing sexual harassment from the perspective of tort, as a violation of dignity, as French sexual harassment law does, compared to the treatment of sexual harassment under employment discrimination law in the United States.
Maria Ontiveros, Professor, University of San Francisco School of Law: Professor Ontiveros will explore the similarities between Title VII and torts as distinct pragmatic systems both aimed at remedying human rights violations that inflict economic and dignitary harms.
Angela Onwuachi-Willig, Charles M. and Marion J. Kierscht Professor of Law, University of Iowa College of Law and Ifeoma Ajunwa: Professor Onwuachi-Willig and Ms. Ajunwa will discuss the potential intersection of tort law and genetic non-discrimination law.
Laura Rothstein, Professor, University of Louisville, Louis D. Brandeis School of Law: Professor Rothstein will discuss how torts does or does not provide an alternative vehicle for remedying disability discrimination law, focusing primarily on architectural barrier design issues, but also addressing other issues, including special education “malpractice,” Tarasoff warning issues related to Sandy Hook and similar situations, and some other areas where disability law and torts can intersect.
Anthony Sebok, Professor, Cardozo Law School: Professor Sebok will explore whether the loss of a chance doctrine applicable to medical malpractice cases should be imported to fashion remedies in the employment discrimination context. He will co-author an article with Professor Sperino.
Catherine Sharkey, Crystal Eastman Professor of Law, NYU School of Law: Professor Sharkey will explore the implications of the Supreme Court’s recent decision in Snyder v. Phelps involving First Amendment limitations on recovery for claims of intentional infliction of emotional distress and its impact on the intersection of civil rights and torts.
Catherine Smith, Associate Dean of Institutional Diversity and Inclusiveness and Associate Professor, University of Denver Sturm College of Law: Professor Smith will discuss the use of tort negligence principles to hold employers accountable for failing to take precautions to guard against the risks of unconscious and implicit bias in the workplace.
Sandra Sperino, Professor, University of Cincinnati College of Law: Professor Sperino will discuss whether textualism is incompatible with claims that Title discrimination law is a tort.
Charles Sullivan, Professor of Law, Seton Hall University School of Law: Professor Sullivan will explore both the substantial advantages in terms of cross-fertilization and the substantial risks of reflexive transplantation of concepts that fit more comfortably into one legal scheme than another, with particular attention to the central concept of causation and the special needs of anti-discrimination law.
Benjamin Zipursky, Professor of Law and Associate Dean for Research, Fordham Law School: Professor Zipursky will explore how tort and employment discrimination conceptualize and treat cases of same-sex harassment.
Verna Williams, Professor of Law, University of Cincinnati College of Law