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Full-Text Articles in Law

Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville Jan 2010

Justice Jesse Carter’S Passionate Defense Of Workers’ Rights: Challenging The Majority’S “Legal Legerdemain”, Marci Seville

Publications

In two 1953 decisions, Mercer-Fraser Company v. Industrial Accident Commission and Hawaiian Pineapple Company Ltd v. Industrial Accident Commission, the California Supreme Court considered the proper interpretation of Labor Code section 4553, a provision in the workers’ compensation system that allows for an additional monetary award when an employee is injured because of an employer’s “serious and willful misconduct.” The Court gave a restrictive reading to the Labor Code and annulled decisions of the California Industrial Accident Commission that had found serious and willful misconduct by the respective employers. In doing so, the Court departed from its earlier and more …


Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini Jan 2010

Justice Carter, Contributory Negligence And Wrongful Death: A Call To Get Rid Of A “Bad Law With Bad Results”, Michael A. Zamperini

Publications

No abstract provided.


Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White Jan 2010

Justice Carter's Dissent In Hughes V. Superior Court Of Contra Costa County: Harbinger Of The 60s Civil Rights Movement And Affirmative Action?, Frederick White

Publications

As a response to the discriminatory hiring practices of a large number of white-owned businesses in the 1940s, Hughes and others established a group called "Progressive Citizens of America" ("Progressive") in Richmond, California. The Hughes case detailed the events surrounding unemployed black workers picketing certain "Lucky Stores;' a grocery chain with a store located near the Canal Housing Project in Richmond, in order to compel the store to hire more black clerks. In response to the picketing, lawyers for Lucky Stores requested a preliminary injunction against the picketing. The request for injunctive relief was granted by the Superior Court of …


Report To The Legislature Fiscal Year 2009-2010, Agricultural Labor Relations Board Jan 2010

Report To The Legislature Fiscal Year 2009-2010, Agricultural Labor Relations Board

California Agencies

No abstract provided.