view error in Colorado

2016Motors Corp ., 187 F.3d 553, 564 (6th Cir. 1999) (rejecting argument that allegedly hostile work environment should be evaluated based on its internal culture as “illogical” because, under that analysis, the more pervasive the inappropriate conduct, the more difficult it would be to bring a claim). ¶ 19 Accordingly, because we reject the view that the standard for sexual harassment varies depending on the work environment, see Williams , 187 F.3d at 564 , we conclude that the hearing officer’s and the Board’s analysis could not properly turn on the pervasiveness of objectively offensive conduc

2016Motors Corp ., 187 F.3d 553, 564 (6th Cir. 1999) (rejecting argument that allegedly hostile work environment should be evaluated based on its internal culture as “illogical” because, under that analysis, the more pervasive the inappropriate conduct, the more difficult it would be to bring a claim). ¶ 19 Accordingly, because we reject the view that the standard for sexual harassment varies depending on the work environment, see Williams , 187 F.3d at 564 , we conclude that the hearing officer’s and the Board’s analysis could not properly turn on the pervasiveness of objectively offensive conduc

2012The question thus became what effect the doe-trine should have. {16 In Weiss v. Axler, 137 Colo. 544, 551 , 328 P.2d 88, 92 (1958), our supreme court unequivocally stated, "Onee the presumption of negligence arises the burden shifts to the defendant to overcome the presumption, and to establish affirmatively that no negligence existed on his part." After then noting that contrary or inconsistent views, including the view that the presumption merely shifted the burden of going forward with evidence, appeared in other cases, id. at 551-56 , 828 P.2d at 98-95, the court held: The doctrine of res

2012The question thus became what effect the doe-trine should have. {16 In Weiss v. Axler, 137 Colo. 544, 551 , 328 P.2d 88, 92 (1958), our supreme court unequivocally stated, "Onee the presumption of negligence arises the burden shifts to the defendant to overcome the presumption, and to establish affirmatively that no negligence existed on his part." After then noting that contrary or inconsistent views, including the view that the presumption merely shifted the burden of going forward with evidence, appeared in other cases, id. at 551-56 , 828 P.2d at 98-95, the court held: The doctrine of res

2002See Murphy v. Waterfront Commission, 378 U.S. 52 , 84 S.Ct. 1594 , 12 L.Ed.2d 678 (1964), overruled, on other grounds by United States v. Balsys, 524 U.S. 666 , 118 S.Ct. 2218 , 141 L.Ed.2d 575 (1998).

2002See Murphy v. Waterfront Commission, 378 U.S. 52 , 84 S.Ct. 1594 , 12 L.Ed.2d 678 (1964), overruled, on other grounds by United States v. Balsys, 524 U.S. 666 , 118 S.Ct. 2218 , 141 L.Ed.2d 575 (1998).

2002See Murphy v. Waterfront Commission, 378 U.S. 52 , 84 S.Ct. 1594 , 12 L.Ed.2d 678 (1964), overruled, on other grounds by United States v. Balsys, 524 U.S. 666 , 118 S.Ct. 2218 , 141 L.Ed.2d 575 (1998).

2002See Murphy v. Waterfront Commission, 378 U.S. 52 , 84 S.Ct. 1594 , 12 L.Ed.2d 678 (1964), overruled, on other grounds by United States v. Balsys, 524 U.S. 666 , 118 S.Ct. 2218 , 141 L.Ed.2d 575 (1998).

2001Travers, Annotation, Availability in State Court of Defense of Entrapment Where Accused Denies Committing Acts Which Constitute Offense Charged, 5 AL RAth 1128 (1981)(referencing twenty-four states adopting the view that a defense of entrapment is not available to an accused who denies committing the acts which constitute the offense charged, and nine states holding the opposite). *792 Further, other states have rejected Mathews as not based on a constitutional analysis, but on "federal common law" and "general propositions." See State v. Abrams, 164 Ariz. 185 , 791 P.2d 1068, 1069 (Ct.App.199

2001Travers, Annotation, Availability in State Court of Defense of Entrapment Where Accused Denies Committing Acts Which Constitute Offense Charged, 5 AL RAth 1128 (1981)(referencing twenty-four states adopting the view that a defense of entrapment is not available to an accused who denies committing the acts which constitute the offense charged, and nine states holding the opposite). *792 Further, other states have rejected Mathews as not based on a constitutional analysis, but on "federal common law" and "general propositions." See State v. Abrams, 164 Ariz. 185 , 791 P.2d 1068, 1069 (Ct.App.199

2001State v. Soule, 168 Ariz. 134 , 811 P.2d 1071 (1991); People v. Gillespie, 136 Ill.2d 496 , 145 Ill.Dec. 915 , 557 N.E.2d 894, 897 (1990); Moreno v. State, 860 S.W.2d 612 , 615 n. 2 (Tex.Ct.App.1993).

2001State v. Soule, 168 Ariz. 134 , 811 P.2d 1071 (1991); People v. Gillespie, 136 Ill.2d 496 , 145 Ill.Dec. 915 , 557 N.E.2d 894, 897 (1990); Moreno v. State, 860 S.W.2d 612 , 615 n. 2 (Tex.Ct.App.1993).

1994See Clemons v. Mississippi, 494 U.S. 738, 753-54 , 110 S.Ct. 1441, 1451 , 108 L.Ed.2d 725 (1990) ("Under these circumstances [that is, where one of the two aggravators found by the jury was held to be invalid], it would require a detailed explanation based on the record for us possibly to agree that the error in giving the invalid `especially heinous' instruction was harmless.").

1994See Clemons v. Mississippi, 494 U.S. 738, 753-54 , 110 S.Ct. 1441, 1451 , 108 L.Ed.2d 725 (1990) ("Under these circumstances [that is, where one of the two aggravators found by the jury was held to be invalid], it would require a detailed explanation based on the record for us possibly to agree that the error in giving the invalid `especially heinous' instruction was harmless.").

1994See, e.g., Gibson, 92 Cal.Rptr. at 288 , 479 P.2d at 648 (abrogating parental immunity doctrine in favor of reasonable parent standard); Elam v. Elam, 275 S.C. 132 , 268 S.E.2d 109 (1980) (abolishing parental immunity doctrine); Falco v. Pados, 444 Pa. 372 , 282 A.2d 351 (1971) (abandoning parental immunity doctrine).

1994See, e.g., Gibson, 92 Cal.Rptr. at 288 , 479 P.2d at 648 (abrogating parental immunity doctrine in favor of reasonable parent standard); Elam v. Elam, 275 S.C. 132 , 268 S.E.2d 109 (1980) (abolishing parental immunity doctrine); Falco v. Pados, 444 Pa. 372 , 282 A.2d 351 (1971) (abandoning parental immunity doctrine).