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State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
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- Employees (3)
- Burdens of proof (1)
- Child abuse (1)
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- Coastal Zone Management Act (1)
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Articles 1 - 4 of 4
Full-Text Articles in State and Local Government Law
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde
Michigan Law Review
Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …
Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab
Life-Cycle Justice: Accommodating Just Cause And Employment At Will, Stuart J. Schwab
Michigan Law Review
The goal of this article is to articulate a coherent framework for understanding the default rules for employment termination. While most observers see chaos here, I find a certain logic in the leading cases. The courts have been boldest when job protection is most appropriate, and they have hesitated precisely when at will plays its most useful role.
The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips
The Constitutionality Of Employer-Accessible Child Abuse Registries: Due Process Implications Of Governmental Occupational Blacklisting, Michael R. Phillips
Michigan Law Review
This Note discusses the due process implications of permitting employer access to state child abuse registries when disclosure affects registry members' employment.
Defining "Disability": The Approach To Follow, Theodore J. St. Antoine
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 or work …