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Volume 109 - Issue 6

The Legal Implications of the MeToo Movement

By Elizabeth C. Tippett. Full text here. Abstract: “This Article examines the implications of the MeToo movement for employment law and employment practices. Employers are likely to face increased liability for harassment, as courts eventually update their standards for what qualifies as “severe or pervasive” harassment, and demand more of employers seeking to establish the Faragher/Ellerth…

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The Trouble with Counting: Cutting Through the Rhetoric of Red Tape Cutting

By Jodi L. Short. Full text here. Abstract: “With the issuance of Executive Order 13,771, which requires agencies to repeal two regulations for every one they propose, regulation counting has become a cornerstone of deregulatory policy in the Trump Administration. This Article situates the 2- for-1 Order in a larger intellectual project that has long sought to…

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