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Full-Text Articles in Law
Frivolous Floodgate Fears, Blair Druhan Bullock
Frivolous Floodgate Fears, Blair Druhan Bullock
Indiana Law Journal
When rejecting plaintiff-friendly liability standards, courts often cite a fear of opening the floodgates of litigation. Namely, courts point to either a desire to protect the docket of federal courts or a burden on the executive branch. But there is little empirical evidence exploring whether the adoption of a stricter standard can, in fact, decrease the filing of legal claims in this circumstance. This Article empirically analyzes and theoretically models the effect of adopting arguably stricter liability standards on litigation by investigating the context of one of the Supreme Court’s most recent reliances on this argument when adopting a stricter …
Without Accommodation, Jennifer Bennett Shinall
Without Accommodation, Jennifer Bennett Shinall
Indiana Law Journal
Under the Americans with Disabilities Act (ADA), workers with disabilities have the legal right to reasonable workplace accommodations provided by employers. Because this legal right is unique to disabled workers, these workers could, in theory, enjoy greater access to the types of accommodations that are desirable to all workers—including the ability to work from home, to work flexible hours, and to take leave. This Article compares access to these accommodations, which have become increasingly desirable during the COVID-19 pandemic, between disabled workers and nondisabled workers. Using 2017–2018 data from the American Time Use Survey’s Leave and Job Flexibilities Module, I …
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
The Ada And The Nlra: Balancing Individual And Collective Rights, Robert A. Dubault
Indiana Law Journal
No abstract provided.