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Articles 1 - 9 of 9
Full-Text Articles in Labor and Employment Law
Frivolous Floodgate Fears, Blair Druhan Bullock
Frivolous Floodgate Fears, Blair Druhan Bullock
Indiana Law Journal
When rejecting plaintiff-friendly liability standards, courts often cite a fear of opening the floodgates of litigation. Namely, courts point to either a desire to protect the docket of federal courts or a burden on the executive branch. But there is little empirical evidence exploring whether the adoption of a stricter standard can, in fact, decrease the filing of legal claims in this circumstance. This Article empirically analyzes and theoretically models the effect of adopting arguably stricter liability standards on litigation by investigating the context of one of the Supreme Court’s most recent reliances on this argument when adopting a stricter …
A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke
A Comparative Study Of The Law Of Dismissal In The U.S. And China, Zhenxing Ke
Maurer Theses and Dissertations
The Labor Law in China, enacted in 1994, was the first statute in China to stipulate dismissal protections. The Employment Contract Law, a more recent law that went into effect in January 2008, strengthened Chinese dismissal protections. For example, in the summary termination about the misconduct, this law only allows six instances for termination, and if a misconduct committed by an employee is not covered in these six instances, it is hard for an employer to discharge this employee legally.
In contrast, America has a more flexible employment law. In America, the doctrine of dismissal is dominated by the …
The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt
The Impact Of Emerging Information Technologies On The Employment Relationship: New Gigs For Labor And Employment Law, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
The technology of production has always shaped the employment relationship and the issues that are important in labor and employment law. Since at least the late 1970s the American economy has adopted information technology that promises to change the employment relationship in ways at least as profound as those wrought by the other revolutions in general production technology, such as the adoption of steam power, electricity, or methods of mass production. The global network of programmable machines of the information age allows us to communicate and process much more information, much more quickly than ever previously imagined. This increased informational …
Introduction: The American Law Institute's Restatement Of Employment Law: Comments And Critiques, Kenneth G. Dau-Schmidt
Introduction: The American Law Institute's Restatement Of Employment Law: Comments And Critiques, Kenneth G. Dau-Schmidt
Articles by Maurer Faculty
No abstract provided.
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Panel Discussion: Second Annual Corporate Symposium, Kenneth G. Dau-Schmidt, John J. Murphy
Articles by Maurer Faculty
This Panel Discussion took place as a part of the Second Annual Corporate Symposium, Beyond Collective Bargaining and Employment at Will: Discharging Employees in the 1990s, at the University of Cincinnati College of Law, Cincinnati, Ohio, on March 9, 1989.
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
Employment Problems And The Law: A Concrete Proposal For Change, Julia C. Lamber
Employment Problems And The Law: A Concrete Proposal For Change, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
The Private Lives Of Public Employees, Robert M. O'Neil
The Private Lives Of Public Employees, Robert M. O'Neil
Articles by Maurer Faculty
No abstract provided.
Film Review. The Constitution And Employment Standards, Ivan C. Rutledge
Film Review. The Constitution And Employment Standards, Ivan C. Rutledge
Articles by Maurer Faculty
No abstract provided.