The Customer Is Always Right . . . Not!: Employer Liability for Third Party Sexual Harassment

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type? The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently nor energetically pursue. At a time of breathtaking workplace change, it is just one more destabilizing, and sometimes traumatizing, obstacle for women and their advancement in the workplace. Exposing third party sexual harassment for what it is will act as a catalyst for more vigorous action, both of a legal and non-legal nature, to eradicate it from the workplace. To that end, the conclusion of this Article will pose some suggestions about remedies that affected victims could pursue. Part I of this article will explore the prevalence of third party harassment, drawing on evidence from a number of different types of workplaces. The purpose of this section is to establish the reality and consequences of third party sexual harassment. In Part II, the response of the legal system to third party sexual harassment will be detailed, beginning with a brief overview of basic sexual harassment doctrine. Part III, on the other hand, will look at the assessment of third party harassment from the point of view of business, and the literature on the role of sexuality in the workplace which forms the basis of an interdisciplinary account of sexual harassment. Suggested directions for the legal doctrine in this area and options for eliminating this form of behavior in the workplace will be suggested. Last, this article will suggest that harassment in any form will not abate until a comprehensive approach to employee dignity is adopted, in which any form of harassment on any basis is deemed inappropriate and illegal

THE EFFECTS OF SLOW RELEASE UREA ON NITROGEN METABOLISM IN CATTLE

The objective of this research was to investigate the effects of slow release urea on N metabolism in cattle. The ruminal behavior of Optigen®II and the effect of basal diet on the in situ degradability of urea and Optigen®II were evaluated. The effect of slow release urea and its interaction with degradable intake protein (DIP) level in the diet on N retention and excretion was evaluated utilizing 8 Holstein steers in a 4 x 4 Latin square experiment. In addition, the effect of slow release urea and DIP level on ruminal and systemic urea kinetics was evaluated using stable isotope techniques with 8 Holstein steers in a 4 x 4 Latin square experiment. Finally, slow release urea was evaluated under a practical beef production setting. The performance of slow release urea was compared to regular feed grade urea in a 42 day receiving study (288 Angus cross steers) as well as a 70 day growing study (240 Angus cross steers). High forage diets increased the ruminal degradation rate of both urea and slow release urea an increased the extent of degradation of slow release urea when compared to high concentrate diets. Lower DIP concentrations in the diet reduced systemic urea production, ruminal ammonia and plasma urea concentrations and urinary urea excretion under most circumstances but also led to a reduction in N retention, reduced diet digestibility, lower feed intake, lower growth rate and decreased feed efficiency. High DIP intakes increased N retention, growth rate, diet digestibility and improved feed efficiency but also lead to increased excretion on urea N in the urine. Slow release urea improved N retention and efficiency of N retention in high DIP diets when compared to urea and generally reduced plasma urea and ruminal ammonia concentrations. Compared to urea, slow release urea did not significantly improve the production of receiving cattle. However Optigen®II improved the feed efficiency when compared to urea on high concentrate diets but reduced feed efficiency on high forage diets

The Customer is Always Right… Not! Employer Liability for Third Party Sexual Harassment

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type

A Few Inconvenient Truths about Michael Crichton\u27s \u3ci\u3eState of Fear: Lawyers, Causes and Science\u3c/i\u3e

Although Crichton has lost the battle regarding global warming, his characterization of lawyers and law practice remains unchallenged. This article challenges his damning portrait of lawyers as know-nothing, self-aggrandizing manipulators of various social and environmental causes. A more nuanced examination of cause lawyering reveals that lawyers are not part of a vast conspiracy to grab power through the causes for which many work; in fact, the rules of professional responsibility as well as the structure of cause lawyering limit their power and influence. Regardless, lawyers are nonetheless vital, and generally principled, participants in the debates and causes that inform environmental (and other scientific) policy-making in a democratic society

Victimized Twice -- The Intersection of Domestic Violence and the Workplace: Legal Reform Through Curriculum Development

Domestic violence is at least a two-fold problem for American society. On the one hand, it is one of the leading causes of violence at the workplace against women. On the other, it prevents many women from attaining the economic security that would enable them to escape violence. After describing the background of this problem, this paper will canvass current legal remedies that are available to help battered women achieve economic security. This survey leads to the conclusion that the current pastiche of remedies is often ineffective because of their piecemeal approach to the problem, or because current doctrine does not establish a connection between the workplace and domestic violence. Using the design of a unit in an employment law course as the vehicle, the paper will conclude by addressing possible legal solutions including a comprehensive statute that would prohibit discrimination on the basis of abused status and provide for legal protections and enhancements towards a goal of economic independence and security for victims of domestic violence

Feeling at Home: Learning, Law, Cognitive Science, and Narrative

What is the how and why of law\u27s affinity for narrative? In order to explain why the use of stories is such an effective teaching and presentation strategy in the law, this paper will consider theories and accounts from cognitive as well as evolutionary psychology, neuroscience, and, briefly, cultural anthropology. This account seeks to address how narrative helps us learn and use the law as well as why we are so compelled to use stories in teaching and in practice. Brain science, simplified here, suggests that the first task is to grab someone\u27s attention. Emotionally charged events are more likely to capture our attention and to be remembered. Because of their emotional content, stories and narrative (which will be used interchangeably here) seize the attention of listeners and readers, students and jurors. In turn, this emotional fixation focuses attention on context and meaning. Studies suggest that this context is the platform that allows later and successive integration of details. Thus, stories work because they focus attention and provide a context for learning the details, that is, the law. Moreover, the same principles that apply to the success of using stories in the classroom also bear fruit in practice. Our culture, and perhaps our genetic make-up, compels us to use stories as a way to both comprehend and transmit the law. In this article, I will discuss three bodies of knowledge that seek to account for how and why stories are such powerful devices for human learning. First, neuroscience and cognitive psychology seek to explain the how of learning. By explaining how attention, memory, and learning occur in the brain, scientists have provided a useful and salient account of how stories help us to learn. Second, a brief look at cultural anthropology suggests that it is a universal feature of all human cultures that we learn and transmit knowledge by storytelling. Finally, evolutionary psychology, a relatively new field, posits that the appeal of stories goes beyond the cultural; rather, this mechanism for learning may be hard-wired into our brains. That is, our appreciation of the arts, particularly of storytelling and music, may be adaptations that have continuing use for learning given the plasticity of our brain/mind. In Part II of this article, I will briefly address what constitutes a story. This concept is impossible to confine to one definition. The scientific sources used here describe stories in a different way than do literary theorists. In Part III, I will describe the three accounts that shed light on why stories help us to learn, beginning with current neuroscience findings on learning, memory, context, and attention. It then will move, briefly, to cultural anthropology, and end with the answer that is provided by evolutionary psychology: we learn from stories because we have evolved to do so. In the conclusion, I illustrate how these insights bear on learning as well as on practicing the law

The Customer Is Always Right . . . Not!: Employer Liability for Third Party Sexual Harassment

This article will ask a series of questions. What is third party sexual harassment? Under what conditions does it occur? Does it differ in any significant respects from traditional notions of sexual harassment? Should those differences, if any, make a difference in the way that the legal system addresses third party harassment? And indeed, should the problem be addressed solely through the legal system? What might an employer do to alleviate sexual harassment of this type? The thesis of this article is that third party sexual harassment is a prevalent form of harassment that the legal system does not currently nor energetically pursue. At a time of breathtaking workplace change, it is just one more destabilizing, and sometimes traumatizing, obstacle for women and their advancement in the workplace. Exposing third party sexual harassment for what it is will act as a catalyst for more vigorous action, both of a legal and non-legal nature, to eradicate it from the workplace. To that end, the conclusion of this Article will pose some suggestions about remedies that affected victims could pursue. Part I of this article will explore the prevalence of third party harassment, drawing on evidence from a number of different types of workplaces. The purpose of this section is to establish the reality and consequences of third party sexual harassment. In Part II, the response of the legal system to third party sexual harassment will be detailed, beginning with a brief overview of basic sexual harassment doctrine. Part III, on the other hand, will look at the assessment of third party harassment from the point of view of business, and the literature on the role of sexuality in the workplace which forms the basis of an interdisciplinary account of sexual harassment. Suggested directions for the legal doctrine in this area and options for eliminating this form of behavior in the workplace will be suggested. Last, this article will suggest that harassment in any form will not abate until a comprehensive approach to employee dignity is adopted, in which any form of harassment on any basis is deemed inappropriate and illegal