The Legal, Ethical, and Social Implications of the Reasonable Woman Standard in Sexual Harassment Cases

In this Article, Professors Adler and Peirce examine the development and implications of the reasonable woman standard that is gaining increasing acceptance as the appropriate gauge for measuring the offensiveness of the conduct at issue in sexual harassment cases. The authors begin by reviewing the origins of sexual harassment law under Title VII of the Civil Rights Act of 1964, paying particular attention to the history of hostile environment causes of action. Professors Adler and Peirce then discuss how and why the reasonable woman standard evolved as an alternative to the conventional reasonable man and reasonable person standards that had been the usual measures of culpable conduct in sexual harassment cases, and how courts have applied the reasonable woman standard in cases involving a wide range of allegedly harassing behaviors. The authors conclude by discussing a variety of important concerns raised by the implementation of the reasonable woman standard, including the fundamental question of whether it is fair to hold men to a standard of conduct that, because they are men, they may be unable to understand or appreciate fully

Flawed Thinking: Addressing Decision Biases in Negotiation

Published in cooperation with the American Bar Association Section of Dispute Resolutio

Preemption and Medical Devices: The Courts Run Amok

Perhaps the most dramatic indication that the courts have shifted attitudes on health and safety matters comes from recent cases relating to medical devices and preemption. In this Article, we review the law relating to preemption, the Cipollone decision, the preemption provisions of the MDA, the regulations issued by the Food and Drug Administration ( FDA ) relating to preemption, and the impact of Cipollone on court interpretations of the MDA. Based on our review of the intended preemptive effect of the MDA, we conclude that it is unlikely that either Congress or the FDA intended for the MDA to preempt state tort claims. Moreover, even if preemption were justified for some tort claims-a proposition we reject-the courts have extended the rationale in Cipollone far beyond anything that the Supreme Court intended in its ruling. In short, we maintain that the courts have run amok in their rulings on preemption

Good Faith: A New Look At An Old Doctrine

In this article we sketch the basic contours of the contractual policing devices that apply to special relationships and to arm\u27s length transactions. We then explicate in greater detail the duty of good faith under general contract law and the Uniform Commercial Code. Finally, we explore some strategies for shortening arm\u27s length transactions through consensual extensions of the duty of good faith

Clinical utility of denosumab for treatment of bone loss in men and women

While most older patients with osteoporosis are treated with antiresorptive bisphosphonates such as alendronate, risedronate, ibandronate, and zoledronic acid, such drugs have side effects, remain in bone for extended periods, and lead to poor adherence to chronic treatment. Denosumab is a humanized monoclonal antibody and antiresorptive agent that works by decreasing the activity of the receptor activator of nuclear factor kappa B ligand. In major trials in postmenopausal women, denosumab increased bone mineral density by dual energy x-ray absorptiometry in the spine, hip, and distal third of the radius and decreased vertebral, nonvertebral, and hip fractures. Denosumab is administered by subcutaneous injection every six months, suggesting that adherence may be improved with such therapy. In addition, pharmacokinetic studies measuring bone turnover markers imply that the antiresorptive effect diminishes more quickly over time. Whether these properties will lead to fewer long-term side effects needs to be proven. Denosumab has also been studied in men with prostate cancer treated with androgen deprivation therapy. These men, at high risk for fracture, also have increases in spine, hip, and forearm dual energy x-ray absorptiometry, as well as fewer morphologic vertebral fractures on x-ray. Denosumab is approved for postmenopausal women with osteoporosis in the US and Europe and for men on androgen deprivation therapy in Europe