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Full-Text Articles in Law
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Does It Make A Difference - Granting Public Employees The Right To Collectively Bargain, Amanda Stogsdill
Missouri Law Review
In Independence-National Education Ass'n v. Independence School District, the Missouri Supreme Court granted public employees the right to collectively bargain. This holding breathed new life into an argument more than sixty years old: that the Missouri Constitution grants both public and private sector employees the right to collectively bargain. However, a close reading of this seemingly landmark case shows that Missouri's highest court smothered the numerous possibilities afforded by this holding before they could be tested by both public employers and public employees. This Note will argue that the Missouri Supreme Court's holding was unnecessary and affords no new rights …
Pragmatism Over Politics: Recent Trends In Lower Court Employment Discrimination Jurisprudence, Lee Reeves
Pragmatism Over Politics: Recent Trends In Lower Court Employment Discrimination Jurisprudence, Lee Reeves
Missouri Law Review
This Article has five parts. After considering empirical evidence, Part I concludes that judges' political ideology plays only a limited role in their decisionmaking. Part II identifies the increase in case filings over the last two decades as a likely non-ideological cause of the increased judicial skepticism towards claims of employment discrimination. This Part begins by examining aggregate trends in the district and appellate caseload and then translates caseload into the more meaningful metric of workload. Part II next evaluates various steps courts have taken to handle these workload increases. Finally, Part II concludes with a discussion of why employment …
Unreasonable - Missouri Rejects A Reasonable Person Standard For Determining Co-Employee Liability Under Badami's Something More Test, Richard D. Worth
Unreasonable - Missouri Rejects A Reasonable Person Standard For Determining Co-Employee Liability Under Badami's Something More Test, Richard D. Worth
Missouri Law Review
Missouri's workers' compensation law has changed dramatically since its common law inception. Co-employee liability for injuries caused to fellow employees has shadowed this change. At common law, employers were not liable for injuries to their employees caused by the actions of fellow employees. However, Missouri's adoption of the Workers' Compensation Act in 1926 shifted the burden of liability for work-related injuries from employees to employers and the general public. Although employers now bear the burden of work-related injures to their employees, Missouri has continued to recognize co-employee liability, but only under limited circumstances. For an employee to lose immunity from …