DOCSLIB.ORG

Bullying in the Workplace: Not Every Wrong Has a Legal Remedy

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Bullying in the Workplace: Not Every Wrong Has a Legal Remedy Bullying in the Workplace: Not Every Wrong Has a Legal Remedy By Martha Weisel Part I Read the newspaper, listen to the radio, talk to friends — instances of bullying abound. Stories highlight bullying among children in the lunchroom and on the playground,1 cyber bullying by adolescents through social media,2 even bullying by senior citizens in adult communities.3 It comes as no surprise that bullying is part of the business landscape. However, what does come as a surprise is that there are few, if any, legal remedies for workplace bullying. This paper examines the various options that are being used or considered to combat workplace bul- lying. Part I examines current legal remedies, beginning with Title VII of the Civil Rights Act of 1964. Although the federal statute provides a remedy for a hostile work environment, the courts have determined that if an employee is not a member of a protected category (e.g.: race or gender) he/she is not protected. Further, even if a member of a protected class, the plaintiff must establish that the harassment was based on race or gender. Common law remedies are examined next. Many cases of workplace bullying are brought to court as intentional torts, such as assault or intentional infliction of emotional distress. In such instances, the plaintiffs must prove that the defendant’s actions caused plaintiff actual physical or psychological harm – as well as establishing that defendant’s conduct MARTHA WEISEL is the Chair and As- was purposeful. Workers’ compensation has also been used by plaintiffs seeking sociate Professor of Legal Studies in compensation for workplace bullying. Business, Dept. of Accounting, Taxation In light of the limitations in the current litigation model, some have proposed & Legal Studies in Business, Hofstra legislation to address the issue. Proposed federal and state legislative responses University, Hempstead, NY. She is a to deal with bullying at work are analyzed. One option considers amendments graduate of Queens College where she to current federal worker safety legislation. Another possibility is the Healthy received a B.A. and an M.S. degree. She Workplace Law, a proposed statute that has been introduced in many state leg- received a J.D. from St. John’s University islatures. However, the reality is that no state has yet to pass the law. The paper School of Law. Professor Weisel is admit- concludes with suggested alternatives to combat bullying that look outside of ted to practice in New York State courts, the legal framework. the federal courts in the Eastern and Southern Districts, the Court of Appeals Defining the Problem for the District of Columbia and the U.S. Supreme Court. Although everyone agrees that bullying occurs in the workplace, there is no consensus as to a definition. Workplace bullying has been examined in a number of different 520 LABOR LAW JOURNAL ©2016 BY MARTHA WEISEL disciplines, and each discipline views the issue through its origin, religion, gender (including eventually pregnancy) own lens. Management studies have defined bullying in the in any employment action (hiring, firing, job assign- workplace as “unwanted, offensive humiliating, undermin- ments). Later legislation extended protection to other ing behavior towards an individual or groups of employees. protected categories — including age and disability. In Such persistently malicious attacks on personal or profes- 1986, the United States Supreme Court determined that sional performance are typically unpredictable, irrational, and sexual harassment in the workplace based on a hostile work often unfair. This abuse of power or position can cause such environment was a form of employment discrimination chronic stress and anxiety that people gradually lose belief in prohibited under Title VII.11 themselves, suffering physical ill health and mental distress To constitute harassment the conduct must be severe, as a result.”4 Psychology studies define workplace bullying as ongoing and pervasive. “Simple teasing, offhand com- “behavior by an individual or individuals within or outside ments and isolated incidents (unless extremely serious)” an organization that is intended to physically or psychologi- do not constitute sexual harassment based on a hostile cally harm a worker or workers and occurs in a work related work environment.12 The conduct has to be bad enough context.”5 The Workplace Bullying Institute6 defines the issue to change the conditions of employment, but there is no as “repeated, malicious, health-endangering mistreatment need to show an adverse employment action to establish of one employee (target) by one or more other employees a hostile work environment, nor is it necessary to show (perpetrators). Include verbal abuse, offensive conduct/be- actual injury, The court has to look at all of the circum- haviors including non-verbal behaviors which are threatening, stances. Would a reasonable person think this was harass- humiliating or intimidating – including work interference, ment based on gender? It must be enough to unreasonably such as sabotage – which prevents work from getting done. interfere with an employee’s ability to work effectively.13 In “ One of the distinctions that needs to be made is between cases involving a hostile work environment, an employer boss/supervisor/co-worker who is mean to everyone at work will be held liable if the employer was negligent or failed versus someone who is a bully – the bully targets an individual to take steps to counter the abusive environment cre- – he/she does not treat everyone badly. Contrary to what our ated by the supervisor or co-worker. In determining an mothers told us, the bully at work is not someone who feels employer’s vicarious liability for the acts of a supervisor/ badly about himself, rather it is about power, control and ca- co-worker, one must look at the reasonableness of what reer advancement.7 Remember Machievelli (“power corrupts the employer did and the reasonableness of what the and absolute power corrupts absolutely”). Recent studies have plaintiff employee did.14 To avoid liability, where there found that those who score high on a Machiavellianism scale was no adverse employment action, the employer has to — which measures manipulative, amoral, deceitful practices show that the employer took reasonable steps to prevent (the end justifies the means) — have found that those with sexual harassment and reasonable steps to correct the the highest scores appear most likely to engage in bullying problem, and that the plaintiff did not take advantage of at work.8 David Yamada, a legal academic who has done any of these steps – acknowledging that “it is now well much research in this area considers workplace bullying as recognized that hostile environment sexual harassment “intentional infliction of a hostile work environment upon by supervisors (and for that matter, co-employees) is a an employee by a co-worker(s) through both verbal and non- persistent problem in the workplace. verbal behaviors.”9 In many work environments bullying is An employer can, in a general sense, reasonably an- considered the way in which work gets done. ticipate the possibility of such conduct occurring in its As there is no specific legal definition for workplace workplace, and one might justify the assignment of the bullying, one must consider the three ways in which the burden of the untoward behavior to the employer as one of courts have come to examine this issue, Title VII of the the costs of doing business, to be charged to the enterprise Civil Rights Act of 1964, common law tort remedies and rather than the victim.”15 In a dissent in “a pervasively administrative law workers’ compensation awards. hostile work environment of sexual harassment is never (one would hope) authorized, but the supervisor is clearly Title VII of the Civil Rights Act charged with maintaining a productive, safe work environ- ment. The supervisor directs and controls the conduct of of 1964 the employees, and the manner of doing so may inure to the employer’s benefit or detriment, including subjecting Title VII was part of major civil rights legislation in the the employer to Title VII liability.16 Ultimately, the court 1960s.10 The law prohibits employers from discriminating has determined that whether or not sexual harassment, against any of the protected classes (race, color, national based on a hostile work environment, occurred is based on WINTER 2016 521 BULLYING IN THE WORKPLACE: NOT EVERY WRONG HAS A LEGAL REMEDY what a reasonable person in the plaintiff’s position would cases usually involve allegations of assault and intentional think.17 “Recognizing liability for same-sex harassment infliction of emotional distress. Assault is defined as an will not transform Title VII into a general civility code intentional, nonconsensual act by defendant that gives for the American workplace, since Title VII is directed at rise to the apprehension and fear in the mind of plaintiff discrimination because of sex, not merely conduct tinged that he or about to be physically attacked. In a case that with offensive sexual connotations; since the statute does alleged assault without an allegation of being part of a not reach genuine but innocuous differences in the ways protected category,21 the plaintiff successfully argued that men and women routinely interact with members of the defendant committed an assault. The facts included tes- same, and the opposite sex; and since the objective per- timony that in the operating room, the defendant doctor spective of a reasonable person in the plaintiff’s position, started screaming and swearing, advanced on the plaintiff considering all of the circumstances.”18 with clenched fists – the plaintiff backed up to the wall Although harassment cases were originally based on gen- and put his hands up. The defendant, however, did not der, the other protected categories (race, national origin, hit the plaintiff, rather he stopped, said that the plaintiff religion – later statutes age, disability) are also covered by was “finished” and left the room.
Load more

Recommended publications
  • Conceptualizing Shame: Investigating Uses of the English Word Shame, 1418–1991
    Conceptualizing Shame: Investigating Uses of the English Word Shame, 1418–1991 Heli Tissari1 University of Helsinki 1. Introduction This is a cognitive linguistic study on the English word shame since the early fifteenth century, as represented by data collected from several electronic corpora. Kövecses (1986, 1988, 1990) has written several books on emotion concepts in English, and Tissari (2003), in a study on the English word love in early modern and present-day English, used his research on the concept of love as a starting-point for looking at the metaphors of love. This paper continues in the same vein of diachronic research, turning to look at the word shame and the concept of shame. Because Kövecses (1986, 1990) does not pay special attention to the concept of shame, this study is modelled after his description of the concept of pride. Furthermore, it considers the possibility of using Kaufman’s theory of shame (1996 [1989]) as a basis for categorizing causes of shame. In addition to adding to our knowledge on the diachronic development of emotion words and concepts in English, this research forms part of a more general project concerning ‘positive’, as opposed to ‘negative’, emotion words. The terms ‘positive’ and ‘negative’ cannot be understood as unambiguously characterizing each emotion or emotion word, however. Shame can be considered a bad experience, but people also think that it is a proper reaction to a person’s own bad behaviour, necessary for the right kind of self-knowledge. The relationship between shame and pride is thus also not straightforward, but whether pride is the ‘positive’ counterpart of shame depends very much on circumstances and on beliefs concerning people’s rights and duties.
    [Show full text]
  • Perceived Social Rank, Social Expectation, Shame and General Emotionality Within Psychopathy
    Perceived social rank, social expectation, shame and general emotionality within psychopathy Sarah Keen D. Clin.Psy. Thesis (Volume 1), 2008 University College London UMI Number: U591545 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. Dissertation Publishing UMI U591545 Published by ProQuest LLC 2013. Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Overview Within the psychological literature, the self-conscious emotion of shame is proving to be an area of growing interest. This thesis addresses the application of this emotion, as well as self and social evaluative processes, to our understanding of offenders, specifically those high in psychopathic traits. Part 1 reviews the literature concerning emotionality within psychopathy, in order to assess the capabilities, as well as the deficits that people with psychopathic traits demonstrate. Emotions classified as ‘moral’ or ‘self-conscious’, namely empathy, sympathy, guilt, remorse, shame, embarrassment and pride, are investigated. From the review it is clear that psychopaths are not the truly unemotional individuals that they are commonly portrayed as being, but instead experience many emotions to varying degrees. This paper concludes by highlighting possible areas for further exploration and research.
    [Show full text]
  • Development and Persuasion Processing: an Investigation of Children's Advertising Susceptibility and Understanding
    University of Pennsylvania ScholarlyCommons Publicly Accessible Penn Dissertations 2013 Development and Persuasion Processing: An Investigation of Children's Advertising Susceptibility and Understanding Matthew Allen Lapierre University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/edissertations Part of the Communication Commons Recommended Citation Lapierre, Matthew Allen, "Development and Persuasion Processing: An Investigation of Children's Advertising Susceptibility and Understanding" (2013). Publicly Accessible Penn Dissertations. 770. https://repository.upenn.edu/edissertations/770 This paper is posted at ScholarlyCommons. https://repository.upenn.edu/edissertations/770 For more information, please contact [email protected]. Development and Persuasion Processing: An Investigation of Children's Advertising Susceptibility and Understanding Abstract Over the past 40 years, research on children's understanding of commercial messages and how they respond to these messages has tried to explain why younger children are less likely to understand these messages and are more likely to respond favorably to them with varying success (Kunkel et al., 2004; Ward, Wackman, & Wartella, 1977), however this line of research has been criticized for not adequately engaging developmental research or theorizing to explain why/how children responde to persuasive messages (Moses & Baldwin, 2005; Rozendaal, Lapierre, Buijzen, van Reijmersdal, 2011). The current study attempts to change this by empirically testing whether children's developing theory of mind, executive function, and emotion regulation helps to bolster their reaction to advertisements and their understanding of commercial messages. With a sample of 79 children between the ages of 6 to 9 and their parents, this study sought to determine if these developmental mechanisms were linked to processing of advertisements and understanding of commercial intent.
    [Show full text]
  • Psychopathy and Physiological Response to Emotionally Evocative Sounds
    Journal of Abnormal Psychology Copyright 2004 by the American Psychological Association, Inc. 2004, Vol. 113, No. 1, 99–108 0021-843X/04/$12.00 DOI: 10.1037/0021-843X.113.1.99 Psychopathy and Physiological Response to Emotionally Evocative Sounds Edelyn Verona Christopher J. Patrick Kent State University University of Minnesota John J. Curtin Margaret M. Bradley and Peter J. Lang University of Wisconsin—Madison University of Florida Despite considerable evidence that psychopathic criminals are deviant in their emotional reactions, few studies have examined responses to both pleasurable and aversive stimuli or assessed the role of different facets of psychopathy in affective deviations. This study investigated physiological reactions to emo- tional sounds in prisoners selected according to scores on the 2 factors of Hare’s Psychopathy Check- list—Revised (PCL–R; R. D. Hare, 1991). Offenders high on the PCL-R emotional–interpersonal factor, regardless of scores on the social deviance factor, showed diminished skin conductance responses to both pleasant and unpleasant sounds, suggesting a deficit in the action mobilization component of emotional response. Offenders who scored high only on the social deviance factor showed a delay in heart rate differentiation between affective and neutral sounds. These findings indicate abnormal reactivity to both positive and negative emotional stimuli in psychopathic individuals, and suggest differing roles for the 2 facets of psychopathy in affective processing deviations. Cleckley (1976) characterized psychopathy as a “mask of san- A limitation of this existing literature is that most published ity” in which overtly normal intelligence and verbal presentation studies have assessed reactivity to unpleasant emotional cues only, disguise a severe underlying pathology.
    [Show full text]
  • Running Head: SHAME 1 the Significance of Shame: an Adlerian Perspective a Literature Review Presented to the Faculty of The
    Running head: SHAME 1 The Significance of Shame: An Adlerian Perspective A Literature Review Presented to The Faculty of the Adler Graduate School _____________________ In Partial Fulfillment of the Requirement for the Degree of Master of Arts in Adlerian Counseling and Psychotherapy ______________________ By John R. Nord ______________________ Chair: Meg Whiston, PhD Reader: Rachelle J. Reinisch, DMFT _____________________ October, 2017 SHAME 2 The Significance of Shame: An Adlerian Perspective Copyright © 2017 John R. Nord All rights reserved SHAME 3 Abstract Shame is a universal affect and emotion which has application within cultures and to individuals throughout the world. It can be considered an aid to learning, teaching, or punishing, and it can also be imposed to control or defeat others. Shame refers to a reaction experience of having violated cultural, community, familial, or individual norms in an unacceptable way and having the hidden, vulnerable self exposed to others against our will. For some individuals, shame can represent a minor impact to their lives and well-being. For others, it can be an all-encompassing, life-threatening problem. Shame can appear as an affect during the course of a child’s normally healthy learning. Problematic shame can originate from a number of sources resulting in unmediated mistaken beliefs from dysfunctional infant/caregiving which are never adequately resolved. Traumatic shame can result from multiple sources including family or peer relationships with repetitive abuse. Any repetitive shaming can unconsciously become an internalized secret. An understanding of pathological shame is indeed critical for evaluating client functioning. Either shame or shame proneness within any societal, familial, or occupational relationship or manifesting within an individual can have far reaching implications and long-term consequences.
    [Show full text]
  • Using Praise and Rewards Wisely: Helping Handout for School and Home GEORGE G
    HELPING HANDOUTS: SUPPORTING STUDENTS AT SCHOOL AND HOME Using Praise and Rewards Wisely: Helping Handout for School and Home GEORGE G. BEAR, JOHANNA HOMAN, & SYDNEY MORALES INTRODUCTION effective way to create long-lasting behavioral change or to promote feelings of competency and self-worth. In this handout, praise refers to both verbal (e.g., “Nice By using praise and rewards wisely and strategically, job!”) and nonverbal (e.g., a warm smile, fist bump, or following recommendations in this handout, adults high five) expressions of attention and approval. Praise instead “catch children being good” and place the typically follows a desired behavior and occurs in a emphasis on students’ use of desirable, socially natural, spontaneous manner. That is, students are not important behaviors. This approach helps students told that they have to earn praise. Further, they seldom understand what they should do and why (versus tire of being praised, especially when it is provided in a simply what they shouldn’t do) and fosters more variety of ways. Rewards refer to tangible objects (e.g., pleasant school and home environments for everyone. sticker, toy, or snack) and to preferred activities and privileges (e.g., extra recess, free time, or screen time). IMPORTANT CONSIDERATIONS IN THE USE Students may also earn points, tokens, or tickets that OF PRAISE AND REWARDS can be exchanged for these rewards. Although rewards can—and sometimes should—be given spontaneously, A wealth of research exists on praise and rewards they are more often used in a planned or contrived and the multiple factors that influence their use and manner.
    [Show full text]
  • MOC II: Role of the Physician in Bullying Identification, Screening, Education & Anticipatory Guidance
    MOC II: Role of the Physician in Bullying Identification, Screening, Education & Anticipatory Guidance Sarah Adams, MD, FAAP Akron Children’s Hospital Pediatrics Disclosure With respect to the following presentation, there has been no relevant (direct or indirect) financial relationship between the presenter (and/or spouse) and any for-profit company in the past 24 months which could be considered a conflict of interest. Recording Your Responses Paper Form • For your convenience, we have created paper answer forms that are in your packet. The staff session leader also has hard copies. • Please enter your ABP diplomate number and answers on the form. • Turn the form into Ohio AAP staff member at the door on the way out of the session. • Credit will be entered into your ABP profile within 3 business days. Electronic Link • If you prefer to use the web link, enter the following link into your browser, select step 4 and start quiz: www.OhioAAP.org/MOCPartII/Bullying • If you experience any technical issues, in the interest of time, a paper form will be given to you. Bullying Objectives 1. Define Bullying - Uniform definitions among Public Health 2. Role of the Pediatrician - identifying and screening bullying, education, anticipatory guidance 3. Medical implications and how to treat 4. Prevention of Bullying and school violence 5. School culture - Anti-Bullying - what can schools do today Bullying Definition • Bullying is defined as any repeated negative activity or aggression intended to harm or bother someone perceived by peers as less physically or psychologically powerful than the aggressor Bullying Definition • Bullying is a form of aggression in which one or more children repeatedly and intentionally intimidate, harass, or physically harm a victim who is perceived as unable to defend himself or herself.
    [Show full text]
  • Nonverbal Behavior of Persuasive Sources: a Multiple Process Analysis
    Journal of Nonverbal Behavior (2019) 43:203–231 https://doi.org/10.1007/s10919-018-00291-x REVIEW PAPER Nonverbal Behavior of Persuasive Sources: A Multiple Process Analysis Joshua J. Guyer1 · Pablo Briñol1 · Richard E. Petty2 · Javier Horcajo1 Published online: 8 January 2019 © Springer Science+Business Media, LLC, part of Springer Nature 2019 Abstract This article describes the basic mechanisms by which the nonverbal behavior of a com- municator can infuence recipients’ attitudes and persuasion. We review the literature on classic variables related to persuasive sources (e.g., physical attractiveness, credibility, and power), as well as research on mimicry and facial expressions of emotion, and beyond. Using the elaboration likelihood model (ELM) as a framework, we argue that the overt behavior of source variables can afect attitude change by diferent psychological processes depending on diferent circumstances. Specifcally, we describe the primary and secondary cognitive processes by which nonverbal behaviors of the source (e.g., smiling, nodding, eye contact, and body orientation) afect attitude change. Furthermore, we illustrate how considering the processes outlined by the ELM can help to predict when and why attrac- tive, credible, and powerful communicators can not only increase persuasion but also be detrimental for persuasion. Keywords Nonverbal behavior · Body · Source · Attitudes · Persuasion Introduction Extensive research in social psychology has examined how the nonverbal behavior of a communicator can afect recipients’ attitudes and attitude change. For example, studies have shown that eye contact, body orientation, postural shifting, gesticulation, arm and leg openness, and facial expressiveness (whether the source is displaying a smile vs. a frown, or engaged in head nodding vs.
    [Show full text]
  • Bisecting American Islam? Divide, Conquer, and Counter-Radicalization Khaled A
    Hastings Law Journal Volume 69 | Issue 2 Article 1 2-2018 Bisecting American Islam? Divide, Conquer, and Counter-Radicalization Khaled A. Beydoun Follow this and additional works at: https://repository.uchastings.edu/hastings_law_journal Part of the Law Commons Recommended Citation Khaled A. Beydoun, Bisecting American Islam? Divide, Conquer, and Counter-Radicalization, 69 Hastings L.J. 429 (2018). Available at: https://repository.uchastings.edu/hastings_law_journal/vol69/iss2/1 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings Law Journal by an authorized editor of UC Hastings Scholarship Repository. F - BEYDOUN_29 (FINAL) (DO NOT DELETE) 2/10/2018 10:20 AM Articles Bisecting American Islam? Divide, Conquer, and Counter-Radicalization KHALED A. BEYDOUN* The United States Department of State has long employed a sectarian foreign policy strategy to advance its interests in the Mideast. The United States has sided staunchly with Saudi Arabia, the Sunni Muslim superpower in the region, while spurning Iran, the Shia Muslim hegemon that emerged in 1979 after the Islamic Revolution. This sectarian strategy reaped great benefit in the form of exclusive rights over Saudi oil and staving off Soviet influence in the Mideast. But the State Department’s unwavering allegiance to Saudi Arabia today exposes it to foreign attacks and “homegrown radicalization” inspired by terror networks driven by Wahhabism, the extremist Sunni ideology enshrined by its longtime ally. Through its historic at-all-costs support of Saudi Arabia, the U.S. has facilitated the spread of an ideology that spawned Al Qaeda, which coordinated the 9/11 terror attacks; and most recently, the Islamic State of Iraq and Syria (“ISIS”)the terror network that inspires extremism.
    [Show full text]
  • Effects of Virtual Humans' Facial Emotional Displays on Persuasion
    Rochester Institute of Technology RIT Scholar Works Theses 6-15-2015 Effects of Virtual Humans’ Facial Emotional Displays on Persuasion Yuqiong Wang [email protected] Follow this and additional works at: https://scholarworks.rit.edu/theses Recommended Citation Wang, Yuqiong, "Effects of Virtual Humans’ Facial Emotional Displays on Persuasion" (2015). Thesis. Rochester Institute of Technology. Accessed from This Dissertation is brought to you for free and open access by RIT Scholar Works. It has been accepted for inclusion in Theses by an authorized administrator of RIT Scholar Works. For more information, please contact [email protected]. Effects of Virtual Humans’ Facial Emotional Displays on Persuasion by Yuqiong Wang A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Computing and Information Sciences B. Thomas Golisano College of Computing and Information Sciences Rochester Institute of Technology Rochester, New York June 15, 2015 Effects of Virtual Humans’ Facial Emotional Displays on Persuasion by Yuqiong Wang Committee Approval: We, the undesignated committee members, certify that we have advised and/or supervised the candidate on the work described in this dissertation. We further certify that we have reviewed the dissertation manuscript and approve it in partial fulfillment of the requirements of the degree of Doctor of Philosophy in Computing and Information Sciences. Dr. Joe Geigel, Thesis Advisor Department of Computer Science, Rochester Institute of Technology Dr. Reynold Bailey, Committee Member Department of Computer Science, Rochester Institute of Technology Dr. Jonathan Gratch, Committee Member Institute for Creative Technologies, University of Southern California Dr. Andrew Herbert, Committee Member Department of Psychology, Rochester Institute of Technology Dr.
    [Show full text]
  • Abbot, George, Archbishop of Canterbury, 372, 406, 436 Abdication
    Cambridge University Press 978-1-107-18705-4 — The Reinvention of Magna Carta 1216–1616 John Baker Index More Information INDEX Abbot, George, archbishop of adultery, punishment of, 139–41, 290, Canterbury, 372, 406, 436 372 abdication of the crown, not legally advowson, usurpation of, contrary to possible, 342 Magna Carta, 61; see also abridgements of cases, 77, 345 commendams; quare impedit absolutist monarchy: Francis Bacon Agmondesham, John, of Middle and, 305–7; the Church of England Temple, imprisonment of, 166, and, 137, 293, 350–1; Civil lawyers 495–6 and, 20, 119, 391–2; discretionary aid prayer of the king, 94, 181 rule and Magna Carta, 357; Lord alderman, office of: as a liberty, 396; Ellesmere and, 345; James I and, restoration to, by mandamus, 205–6, 339–40; medieval popes and, 3, 9, 30, 396–8, 488 120; see also under prerogative, royal Alexander II, king of Hungary, 41 (absolute prerogatives) Alexander III, king of Scotland, actions founded on Magna Carta: 299–301 authorised implicitly by the charter, Alfield, Thomas, Jesuit missionary, 129 429, 503; authorised by aliens, 34, 112, 191, 203, 431; when Marlborough, 49, 94–5; damages in, bound by English statutes, 105 353; first brought in the King’s Bench alimony see under husband and wife (1501–32), 97–9, 456–62, 503; new (suits for maintenance or alimony) formula including false Allen, Thomas, cardinal, 129 imprisonment (1606–7), 310, Allen, Thomas, haberdasher, 320 352–3, 514–16, 531–3; may be Altham, Sir James, B., 394 brought in the Common Pleas, 507; amercement, 88; of earls
    [Show full text]
  • Child Sexual Abuse in California: Legislative and Judicial Responses Robert Mertens
    Golden Gate University Law Review Volume 15 Article 1 Issue 3 Women's Law Forum January 1985 Child Sexual Abuse in California: Legislative and Judicial Responses Robert Mertens Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Criminal Law Commons Recommended Citation Robert Mertens, Child Sexual Abuse in California: Legislative and Judicial Responses, 15 Golden Gate U. L. Rev. (1985). http://digitalcommons.law.ggu.edu/ggulrev/vol15/iss3/1 This Comment is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Mertens: Child Sexual Abuse COMMENTS CHILD SEXUAL ABUSE IN CALIFORNIA: LEGISLATIVE AND JUDICIAL RESPONSES A tremendous surge in the reporting of child sexual abuse cases is occurring in the United States today.l As a result of this increase, many state legislatures are beginning to adapt their criminal justice systems to the unique problems that child vic­ tims experience when confronting that system. The California Legislature is on the forefront of such change, spurred on in part by organized group pressure from Californians who have been affected by the problem of child sexual abuse.2 This Comment focuses on recent and proposed changes in California law that have occurred as a result of our "discover­ ing"3 that thousands of children in this state are sexually abused each year. The majority of laws enacted will undoubtedly benefit 1.
    [Show full text]