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Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
Overview Of The Role Of Precedent In The Legal System Of The United States, Ana Elena Fierro
LLM Theses and Essays
Traditionally, legal systems have been classified as either Common Law or Civil Law; scholars distinguish these systems based on their origins, as well their attitudes towards stare decisis. Common law considers precedent as a source of binding rules, while civil law does not. However, some scholars consider the methods for legal reasoning to be almost the same in every legal system. These scholars maintain that regardless of the source of law in a particular country, once a judge determines that the facts of one case are similar to those regulated by a certain rule, the judge will apply that particular …
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
Job Security: Protecting At-Will Employees With Good Cause Legislation, Mayumi Yokoyama
LLM Theses and Essays
Recent decades have witnessed significant developments in employment termination law in the United States. In particular, the long-standing “at-will” doctrine, under which employers can fire employees for good, bad, or no reason at all, has experienced great erosion and wide variations in law from state to state. There has been a movement of statutory and common law restrictions limiting an employer’s freedom to terminate at will, which reflects the increasing consciousness of job security by society and workers. This paper analyzes the problem of job security by tracing the origin of the at-will doctrine to 19th century principles favoring economic …