‘When is Sexual Abuse Within the Scope of Employment?’

Martha Chamallas, Vicarious Liability in Torts: The Sex Exception, 48 Valparaiso University Law Review 133 (2013), available at SSRN. Martha Chamallas’s Monsanto Lecture, Vicarious Liability in Torts: The Sex Exception, is timely and important, inviting renewed scholarly attention to the oft-neglected topic of vicarious liability. Since the 1990s, courts have faced a steady stream of suits brought against schools, hospitals, religious institutions, and other entities for sexual abuse committed by employees. In addressing these suits, Chamallas argues, courts have adopted an unjustifiably narrow approach to vicarious liability … (more)

[John Goldberg, JOTWELL, 21 November]

First posted 2014-11-21 11:57:58

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