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Forward: State Enforcement in an Interstate World
Get PDF“State Enforcement in an Interstate World” is an important topic—fully deserving of all the attention it has received. Past commentators on this topic have generally treated the federal government as a unitary entity. Building on prior work on the subject, this Article explores the polycentric nature of federal regulatory authority and shows how cooperation and rivalry have long been dominant realities of the modern administrative state. The Article discusses how these dynamics complicate analysis of state enforcement in an interstate world and identifies strategies for reducing the frequency and magnitude of the seemingly inevitable conflicts
Caught by the Cat’s Paw
Get PDFFederal employment discrimination law is enamored with court-created doctrines with catchy names. A fairly recent addition to the canon is the concept of the “cat’s paw,” formally recognized by the U.S. Supreme Court in Staub v. Proctor Hospital. With its name … drawn from a fable, the concept of cat’s paw has taken ground quickly, discussed in hundreds of cases.
The Supreme Court recognized the cat’s paw theory in a case where a hospital fired a worker. The person who made the ultimate decision did not have impermissible bias. However, her decision was influenced by information from two supervisors who arguably did possess such bias. The Court held that “if a supervisor performs an act motivated by [impermissible] animus that is intended by the supervisor to cause an adverse employment action, and if that act is a proximate cause of the ultimate employment action, then the employer is liable.” Since then, courts have applied cat’s paw analysis under a wide range of federal statutes including Title VII, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and others.
This Article argues that the cat’s paw doctrine is a mistake, and the courts should abolish it
KELLY LAWS, Appellant/Cross-Appellee, v. WILLIE GRAYEYES, Appellee/Cross-Appellant. : REPLY BRIEF OF APPELLANT/CROSS-APPELLE KELLY LAWS
Get PDFREPLY BRIEF OF APPELLANT/CROSS-APPELLEEKELLY LAWS
Appeal from a Final Judgment of the Honorable Don M. Torgerson, Seventh Judicial District Court, State of Uta
LARRY BOYNTON, individually and on behalf of the heirs of BARBARA BOYNTON, Appellee/Cross-Appellant, vs. KENNECOTT UTAH COPPER, LLC, Appellant/Cross-Appellee, PHILLIPS 66 COMPANY, PACIFICORP, Cross-Appellees.
Get PDFCross-Appellee Pacificorp\u27s Response Brie
STATE OF UTAH, Appellee v. UDELL MIKKELSEN, Appellant : Reply Brief
No full textON APPEAL FROM ORDER ON ORDER TO SHOW CAUSE/COMMITMENT ENTERED ON MAY 9, 2019, BY THE HONORABLE GEORGE M. HARMOND OF THE SEVENTH JUDICIAL DISTRICT COURT - CASTLE DALE, IN AND FOR EMERY COUNTY, STATE OF UTA
