The year 2011 marked the birth of a new idea. The United States decided Staub v. Proctor Hospital and for the first time invoked common law proximate cause in the context of federal employment discrimination law. It is rare in jurisprudence to be present at the birth of an idea and then see that idea develop over its first decade. This Article charts the emerging proximate cause doctrine from its early days as a baby doctrine. Now, the doctrine is pre-adolescent, with all of the changes and turmoil that phrase entails.
Sandra F. Sperino,
The Emerging Statutory Proximate Cause Doctrine, 99 Nebraska Law Review 285
Available at: https://scholarship.law.missouri.edu/facpubs/1049