Why Importing Employment Discrimination Causation Into Criminal Law is a Bad Idea

Leora F. Eisenstadt, Causation in Context, 36 Berkeley J. Emp. & Lab. L. 1 (2015), available at SSRN.

Henry L. Chambers, Jr.

In Causation in Context, Professor Leora F. Eisenstadt harshly critiques Burrage v. United States, a case in which the Supreme Court imports some of its troublesome thinking on employment discrimination causation into a criminal law case. I like the article lots because it crosses two substantive areas and explains why causation, a tricky and core concept in both areas, […]