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Articles 1 - 9 of 9

Full-Text Articles in Law

Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Articles

No abstract provided.


The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff Jan 1993

The Federalist Papers: The Framers Construct An Orrery, Harold H. Bruff

Articles

No abstract provided.


That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Articles

No abstract provided.


Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow Jan 1993

Social Justice And Fundamental Law: A Comment On Sager's Constitution, Terrance Sandalow

Articles

Professor Sager begins his very interesting paper by identifying what he considers a puzzling phenomenon: the Constitution, as interpreted by courts, is not coextensive with "political justice." "This moral shortfall," as he refers to it, represents not merely a failure of achievement, but a failure of aspiration: as customarily interpreted, the Constitution does not even address the full range of issues that are the subject of political justice. Sager regards that failure as surprising-so surprising that, in his words, it "begs for explanation."'


Defining "Disability": The Approach To Follow, Theodore J. St. Antoine Jan 1993

Defining "Disability": The Approach To Follow, Theodore J. St. Antoine

Articles

The definition of "disability" has once again become a central issue in workers' compensation law. I am partly responsible. A decade ago I served as the Governor's Special Counselor on Workers' Compensation. In my Reportto the Cabinet Council on Jobs and Economic Development, I stated: "If I could write on a clean slate, I would prefer to see the Michigan definition brought even closer into the mainstream of American law by declaring that 'disability' means a 'limitation of an employee's wage earning capacity in work suitable to his or her qualifications and training resulting from a personal injury ...


Book Review, Paul Campos Jan 1993

Book Review, Paul Campos

Articles

No abstract provided.


Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine Jan 1993

Employment-At-Will—Is The Model Act The Answer?, Theodore J. St. Antoine

Articles

Over the last quarter century, the most significant development in the field of labor and employment law has been a nationwide movement toward a revision of the at-will employment doctrine. Courts in over forty-five jurisdictions have used one or more of three main theories to carve out exceptions to the previously allpervasive principle. Unfortunately, though one can applaud the values embodied in these decisions, there are serious deficiencies in the common law modifications. The purpose of this Article is to outline those defects and to demonstrate that the interests of employees and employers alike would be better served by new ...


The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine Jan 1993

The Law And Arbitration: The Model Employment Termination Act, Theodore J. St. Antoine

Articles

The Model Employment Termination Act(META), which the Uniform Law Commissioners have recommended for adoption by all state legislatures, could provide the most significant legal change of this quarter century in the American workplace. In addition, if the annual case load of grievance arbitrations in this country now stands at somewhere around 65,000, the Act holds the potential for at least quadrupling that figure. Our colleague Jack Stieber has calculated that there are 60 million U.S. employees who are not protected by union contracts or civil service laws, and are thus subject to the employment-at-will doctrine. They can ...


Preference Conundrums, James J. White, Daniel Israel Jan 1993

Preference Conundrums, James J. White, Daniel Israel

Articles

Every law teacher and many law students and practitioners understand the intellectual sport to be found in Section 547 on preference law. Because the preference rules are so intricate, rigorously logical-but really not logical-they command more than their fair attention, not only in law school but also in continuing legal education and even in the courts. Our purpose in this article is not to answer any of the difficult questions or to give a global explanation of preference law. Rather it is to confront a few of the conundrums in Section 547 and to follow the paths of those conundrums ...