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Full-Text Articles in Law
Equity And Feasibility Regulation, Dov Waisman
Equity And Feasibility Regulation, Dov Waisman
University of Richmond Law Review
No abstract provided.
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux
University of Richmond Law Review
No abstract provided.
Issue 1: Annual Survey 2011 Table Of Contents
Issue 1: Annual Survey 2011 Table Of Contents
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, David C. Burton, Melissa L. Lykins
Labor And Employment Law, David C. Burton, Melissa L. Lykins
University of Richmond Law Review
No abstract provided.
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
University of Richmond Law Review
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
University of Richmond Law Review
In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …
Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd
University of Richmond Law Review
In a resounding victory for women's and workers' rights, the U.S. Supreme Court has found that a Wisconsin battery manufacturer, in barring women without proof of infertility from jobs involving exposure to lead, violated the Civil Rights Act of 1964.
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.
What's Current In Asbestos Regulations, Janis L. Kirkland
What's Current In Asbestos Regulations, Janis L. Kirkland
University of Richmond Law Review
Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.
A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.
A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.
University of Richmond Law Review
Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).
The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker
The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker
University of Richmond Law Review
The development of the employment-at-will doctrine has tracked the changing character of the work force from the days of simple master-servant domestic relations to the commercial realities of twentieth-century industrial capitalism. The rule grew out of the humane principle that it would be unjust to employ a laborer during the planting and harvesting months, only to discharge that laborer during the harsh winter. Hence, the realities of the agrarian economy of the British Isles and the closeness of the master and domestic servant relationship shaped the yearly hiring rule. This rule developed into a presumption that a hiring for an …
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
University of Richmond Law Review
In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …
Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott
Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott
University of Richmond Law Review
In July of 1982, the Marline Uranium Corporation announced the discovery of a major deposit of commercially minable uranium in southside Virginia, the first major find east of the Mississippi River. Marline and the Union Carbide Corporation are planning a $200 million mining and milling complex to develop the deposit. The operation is projected to create 900 new jobs and bring $4.3 million in yearly tax revenues to Virginia and to Pittsylvania County.
Employer Duties And Defenses To Osha Violations, Janice G. Murphy
Employer Duties And Defenses To Osha Violations, Janice G. Murphy
University of Richmond Law Review
The Occupational Safety and Health Act of 1970 (hereinafter the Act) was designed to encourage both employers and employees to reduce the number of occupational safety and health hazards at their places of employment. The Secretary of Labor is authorized by the Act to set mandatory standards applicable to businesses affecting interstate commerce, and the Occupational Safety and Health Review Commission was created to handle the adjudication arising from enforcement of the Act. An employer's duties under the Act are to provide employees a work environment "free from recognized hazards that are causing or are likely to cause death or …
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
University of Richmond Law Review
Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …