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Full-Text Articles in Law
The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder
The Employment Relationship In Anglo-American Law: A Historical Perspective, Marc Linder
Marc Linder
No abstract provided.
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Employer's Liability For Employee He Was Compelled To Hire, James Balph
Cleveland State Law Review
Should an employer be liable for the torts of his employee if he was compelled to employ him?The master is charged with the obligation of selecting competent workmen. Therefore, if the element of employee selection is removed as a prerogative of the employer, does not this remove the master-servant relationship? If the employer through no fault of his own cannot completely direct and control the employee, is not the necessary privity between master and servant absent? Is it reasonable that the employer be liable for the misconduct of a person whose selection and/or control has been taken out of his …
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Scope Of The Business: The Borrowed Servant Problem, Talbot Smith
Michigan Law Review
If your client wants to erect an office building he may be advised of the cost within narrow limits. The necessary expenditure will be X dollars plus Y lives or limbs. If his talents take the turn of bridge construction similar computations may be made. To carry forward to completion either of these projects he must use materials of various kinds, and he must use men. The expenditure of the human, animate, material is as inevitable as the expenditure of the inanimate. With increased care and skill the curve of expenditure of the human material will approach the asymptote of …
The Test Of The Employment Relation, Gerald M. Stevens
The Test Of The Employment Relation, Gerald M. Stevens
Michigan Law Review
Labor's status is the subject of what seems to be an interminable war, with campaigns in the courts, on picket lines, in conference rooms, and in legislative halls. The prominence of these battles increases, if anything, the obscurity in which a closely related conflict is being worked out. For as long as there are important distinctions to be made on the basis of whether an employment relation exists, there is fairly certain to be at least some argument over the existence of that relation.
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Authority Of Allen V. Flood, Horace Lafayette Wilgus
Articles
In the case of Allen v. Flood, one of the Lords asked this interesting question, "If the cook says to her master, 'Discharge the butler or I leave you,' and the master discharges the butler, does the butler have an action against the cook?"' This, Lord Shand said, was the simplest form in which the very question in Allen v. Flood could be raised.