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Articles 1 - 30 of 49
Full-Text Articles in Law
Penalties Under The Occupational Safety And Health Act Of North Carolina, Michael R. Smith
Penalties Under The Occupational Safety And Health Act Of North Carolina, Michael R. Smith
North Carolina Central Law Review
No abstract provided.
Book Reviews, John M. Gleason
Book Reviews, John M. Gleason
RISK: Health, Safety & Environment (1990-2002)
Reviews of the books: Mark A. Rothstein, Medical Screening and the Employee Health Cost Crisis (BNA Books 1989). Foreword Edward L. Baker, MD, MPH. 296 pp. Notes, figures, tables, glossary of legal terms, glossary of medical and health care terms, table of cases and index. LC 89-977; ISBN 0-87179-628-7.
Robert Decresce, Mark Lifshitz, Adrianne Mazura, & Joseph Tilson, Drug Testing In The Workplace (ASCP Press and BNA Books 1989). Forewords by Edward Miller, JD and George Lundberg, MD. 278 pp. Notes, figures, tables, table of cases and index. LC 88-39191; ISBN 0-89189-260-5 (ASCP), 0-87179-588-4 (BNA). Both of these books deal …
Hiv Positive Employees As Handicapped Persons Under State And Federal Law: West Virginia Follows The Trend To Cast Aside Irrational Fear And Prejudice In Favor Of Competent Medical Evidence And Sound Public Policy, Frank W. Volk
West Virginia Law Review
No abstract provided.
Patterson V. Mclean Credit Union: A Narrowing Of Remedies For The Employment Discrimination Plaintiff
Washington and Lee Law Review
No abstract provided.
Terminating At-Will Employment Contracts In Utah Subsequent To Berube V. Fashion Centre, George P. Barbaresi
Terminating At-Will Employment Contracts In Utah Subsequent To Berube V. Fashion Centre, George P. Barbaresi
BYU Law Review
No abstract provided.
The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato
The Ultimate Injustice: When A Court Misstates The Facts, Anthony D'Amato
Cardozo Law Review
No abstract provided.
Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser
Reopenings And Modifications In West Virginia Workers' Compensation Claims: A Practitioner's Guide, Bradley A. Crouser
West Virginia Law Review
No abstract provided.
Article Ii Of The National Bituminous Coal Wage Agreement Of 1988: Contractual Antecedents And Current Issues, Ronald E. Meisburg
Article Ii Of The National Bituminous Coal Wage Agreement Of 1988: Contractual Antecedents And Current Issues, Ronald E. Meisburg
West Virginia Law Review
No abstract provided.
Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons
Federal Black Lung Update, Allen R. Prunty, Mark E. Solomons
West Virginia Law Review
No abstract provided.
A Physician's Respondeat Superior Liability For The Negligent Acts Of Other Medical Professionals—When The Captain Goes Down Without The Ship, Lynn D. Lisk
University of Arkansas at Little Rock Law Review
No abstract provided.
In Defense Of Union Involvement In Worker Ownership, Toni Delmonte
In Defense Of Union Involvement In Worker Ownership, Toni Delmonte
In the Public Interest
No abstract provided.
Post-Erisa Interpretation Of Pre-Erisa Pension Plans: Dissention Among The Circuits, Bradley H. Layne
Post-Erisa Interpretation Of Pre-Erisa Pension Plans: Dissention Among The Circuits, Bradley H. Layne
West Virginia Law Review
No abstract provided.
A Theory Of Labor Legislation, Alan Hyde
Federal Labor Law Preemption Of State Anti-Takeover Law: A Case Of First Impression—Air Line Pilots Association, International V. Ual Corp., 874 F.2d 439 (7th Cir. 1989), Patrick M. Madden
Federal Labor Law Preemption Of State Anti-Takeover Law: A Case Of First Impression—Air Line Pilots Association, International V. Ual Corp., 874 F.2d 439 (7th Cir. 1989), Patrick M. Madden
Washington Law Review
Federal labor laws generally preempt state laws that conflict with or frustrate the federal labor scheme. In Air Line Pilots Association, International v. UAL Corp., the Seventh Circuit held that federal law did not preempt an anti-takeover statute that invalidated anti-takeover provisions in a collective bargaining agreement. This Note analyzes the court's holding and suggests that the court misapplied judicial precedent. Because state anti-takeover laws as applied to labor agreements conflict with and frustrate the federal labor scheme, this Note concludes that these state laws should be preempted.
The Defense Case For Rico Reform, Terrance G. Reed
The Defense Case For Rico Reform, Terrance G. Reed
Vanderbilt Law Review
Frequent use of the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO)' by government and private litigants has prompted a chorus of criticism during the last five years. This criticism has not been restricted to the narrow confines of the legal profession;many respectable newspapers recently have issued calls for the outright repeal of RICO. Attorneys who regularly defend against criminal or civil RICO allegations cannot take credit for the increasing dissatisfaction with RICO. Rather, it is the successes, and indeed the excesses, of RICO's proponents that have tarnished the statute's image. RICO's revolutionary application to increasingly broad areas of …
A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch
A Conceptual, Practical, And Political Guide To Rico Reform, Gerard E. Lynch
Vanderbilt Law Review
RICO is nearing its twentieth birthday,' but it may not be a happy one. In fact, 'tis the season for critics of RICO to be, if not jolly, at least highly active. A House subcommittee and the Senate Judiciary Committee have held hearings on RICO reform, the popular and business press has published numerous debates and criticisms involving fairly arcane points of civil and criminal law, scholars and lawyers have filled law reviews and legal newspapers with articles often critical of the statute, and the pressure has been building for statutory changes.
As the pressure for change has intensified, and …
Employment Leave: Foundation For Family Policy, Mary Jane Gibson
Employment Leave: Foundation For Family Policy, Mary Jane Gibson
New England Journal of Public Policy
Women and men in the workforce face difficult dilemmas during family crises. Can one be a responsible family member and a responsible employee when an elderly parent is ill, a spouse is disabled, a baby is born or adopted, a child is sick? Employment leave with insurance for wage replacement is a cornerstone of family policy proposed in a workable format in H. 2191 now before the Massachusetts legislature. It can be a model for other states and, someday, the nation.
Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey
Firm-Specific Human Capital Investments And Hegelian Ethics: A Comment On Cornell And Posner, Jonathan R. Macey
Cardozo Law Review
No abstract provided.
Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley
Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley
University of Richmond Law Review
This survey article covers judicial developments in Virginia employment law between June 1989 and June 1990. The survey does not address developments in the areas of workers' compensation or unemployment compensation.
Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer
Privacy: The Workplace Issue Of The '90s, 23 J. Marshall L. Rev. 591 (1990), David F. Linowes, Ray C. Spencer
UIC Law Review
No abstract provided.
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
The State Of Unions In America: Chipping Away At The Union Block, 23 J. Marshall L. Rev. 707 (1990), Renee L. Powell
UIC Law Review
No abstract provided.
Women Denied Partnerships: From Hishon To Price Waterhouse V. Hopkins, Gerald A. Madek, Christine Neylon O'Brien
Women Denied Partnerships: From Hishon To Price Waterhouse V. Hopkins, Gerald A. Madek, Christine Neylon O'Brien
Hofstra Labor & Employment Law Journal
This article reviews the seminal Supreme Court decision governing access to partnership status in professional settings in the context of a sex discrimination challenge. As women entered the workforce in record numbers, they thrived against the backdrop of the 1964 Civil Rights Acts. There were still obstacles however, to the complete participation of women in the workforce one generation later. Although legal precedent existed for the equal treatment of women in low and middle management jobs, this was not the case for women seeking executive and partner-level jobs. The Supreme Court considered this issue in the case, Price Waterhouse v. …
The Employee Polygraph Protection Act Of 1988: Proper Penalties When Guilty Employees Are Improperly Caught, Kathleen F. Reilly
The Employee Polygraph Protection Act Of 1988: Proper Penalties When Guilty Employees Are Improperly Caught, Kathleen F. Reilly
Hofstra Labor & Employment Law Journal
No abstract provided.
Hazard Communication In The Workplace, Mark L. Goldstein
Hazard Communication In The Workplace, Mark L. Goldstein
Hofstra Labor & Employment Law Journal
No abstract provided.
Illegal Aliens And Workers' Compensation: The Aftermath Of Sure-Tan And Irca, Mark Anthony Miele
Illegal Aliens And Workers' Compensation: The Aftermath Of Sure-Tan And Irca, Mark Anthony Miele
Hofstra Labor & Employment Law Journal
No abstract provided.
At-Will Employment: Going, Going, Cheryl S. Massingale
At-Will Employment: Going, Going, Cheryl S. Massingale
University of Richmond Law Review
The doctrine of at-will employment is undergoing serious erosion. At-will employment has traditionally meant that either party in an employment relationship is free to terminate employment at any time for any reason. In recent years, however, court rulings have created many exceptions to the at-will rule, and the current status of the doctrine offers little certainty as to whether a particular dismissal decision will result in liability for wrongful termination.
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
Conflict Of Laws Resolution In Employment Contracts: The West Virginia Approach, Linda M. Gutsell
West Virginia Law Review
No abstract provided.
State Prosecutions For Safety-Related Crimes In The Workplace: Can D.A.'S Succeed Where Osha Failed?, S. Douglas Jones
State Prosecutions For Safety-Related Crimes In The Workplace: Can D.A.'S Succeed Where Osha Failed?, S. Douglas Jones
Kentucky Law Journal
No abstract provided.
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
English-Only Rules And The Right To Speak One's Primary Language In The Workplace, Juan F. Perea
University of Michigan Journal of Law Reform
This Article analyzes the issues raised by English-only rules and the decisions discussing these rules. Part I reviews the leading cases on English-only rules. The Article then explores several issues that must be considered in deciding any English-only rule case under Title VII. Part II addresses whether speaking one's primary language should constitute a protected right as an aspect of national origin under Title VII. This Article argues that primary language should be protected under Title VII for several reasons: the courts and the EEOC construe the term "national origin" broadly; primary language constitutes a fundamental aspect of ethnicity and …