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Full-Text Articles in Legal Remedies
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Unpacking The Employee-Misconduct Defense, Sachin S. Pandya
Faculty Articles and Papers
When a worker sues an employer, the employer sometimes learns thereafter that the worker had committed some misconduct at the time of hire or while on the job. In those cases, most American work laws provide the employer with a defense that precludes employer liability, or at least limits remedies, if the employer shows that, had it known of the worker’s misconduct at the time of its allegedly wrongful act, it would have fired the worker because of that misconduct. This Article evaluates the prevailing arguments for and against the employee-misconduct defense as it appears in the National Labor Relations …
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Creating A Paternalistic Market For Legal Rules Affecting The Benefit Promise, Brendan Maher
Faculty Articles and Papers
Notwithstanding the fact that ERISA was enacted to protect employee benefits, courts have narrowly construed the relief available when benefits are denied, out of concern that a stronger remedy would be too costly for the system to bear. Judges, I argue, are ill-equipped to make this policy judgment. Instead, a regulated, subsidized, paternalistic market should be created to permit the benefit players themselves to choose and price the strength of the remedy they desire. This is a superior means to reach the right level of remedial strength for the most players. To protect against undesirably weak remedial options being selected, …
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Lewis Kurlantzick
Knicks-Heat And The Appropriateness Of Sanctions In Sport, Lewis Kurlantzick
Faculty Articles and Papers
No abstract provided.