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Workers' Compensation Law Commons

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Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala 2014 Touro College Jacob D. Fuchsberg Law Center

Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala

Touro Law Review

No abstract provided.


Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster 2014 University of Georgia School of Law

Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster

Georgia Journal of International & Comparative Law

No abstract provided.


Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin 2014 University of Georgia School of Law

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin

Georgia Journal of International & Comparative Law

No abstract provided.


Toward A Federal Constitutional Right To Employment, R. George Wright 2014 Seattle University School of Law

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy 2014 Seattle University School of Law

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum ...


Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor 2014 University of Maryland Francis King Carey School of Law

Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor

Book Gallery

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters:

Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces;
Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;
Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies ...


Workshop Libro Verde Bilateralità 26.5.14 Roma, michele faioli 2014 SelectedWorks

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.


Timeliness In The Justice System, His Honour Judge Greg Keating 2014 Australian Centre for Justice Innovation

Timeliness In The Justice System, His Honour Judge Greg Keating

Timeliness in the Justice System: Ideas and Innovations

Slideshow by His Honour Judge Greg Keating, President, NSW Workers Compensation Commission, for the Timeliness in the Justice System: Ideas and Innovations forum, Australian Centre for Justice Innovation, Monash University, 16-17 May 2014.

Innovations in Timeliness – Changing Processes session, 11:30 am -12:45 pm, 17 May 2014


Civil Rights And Related Decisions, Eileen Kaufman 2014 Touro College Jacob D. Fuchsberg Law Center

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.


Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr. 2014 Touro College Jacob D. Fuchsberg Law Center

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.


Profit Sharing: An Alternative Minimum Wage Model, Nicholas Parker 2014 SelectedWorks

Profit Sharing: An Alternative Minimum Wage Model, Nicholas Parker

Nicholas Parker

No abstract provided.


Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins 2014 SelectedWorks

Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins

Mel Cousins

Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische ...


Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri?, Paul M. Spinden 2014 Liberty University

Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri?, Paul M. Spinden

Faculty Publications and Presentations

This paper considers the serious threat to effective operation of administrative law in Missouri resulting from the Missouri Supreme Court’s abrupt change in analysis of administrative agencies’ jurisdiction. The court enunciated its analysis in primarily two decisions handed down in 2009, J.C.W. v. Wyciskalla and McCracken v. Wal-Mart Stores East, L.P. The paper explores the Supreme Court’s attempt to chart a “simple” approach to distinguishing jurisdictional adjudicatory rules from non-jurisdictional adjudicatory rules and the serious threat posed by the court’s applying this analysis to statutes governing the authority of administrative agencies.

By deciding that ...


America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth 2014 University of Richmond

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, Paul Holdsworth

Law Student Publications

This comment argues that awarding full damages to illegal immigrants who suffer workplace injuries better serves the United States' federal immigration objectives.


Sistema Pensionistico Enasarco, michele faioli 2013 SelectedWorks

Sistema Pensionistico Enasarco, Michele Faioli

Michele Faioli

La Fondazione Giacomo Brodolini e la SERI - Scuola Europea di Relazioni Industriali hanno svolto per conto di FIARC una ricerca sul sistema pensionistico ENASARCO. La ricerca sarà presentata al convengo che si terrà il 4 ottobre p.v. , a Roma, presso la Sapienza, Università di Roma. In occasione di tale Convegno, saremmo onorati della Sua autorevole presenza presenza in qualità di discussant alla tavola rotonda.


Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler 2013 Pepperdine University

Remedy For The Intentional Torts Of A Workmen's Compensation Carrier, Everett E. Demler

Pepperdine Law Review

No abstract provided.


Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell 2013 Pepperdine University

Mccarty V. Workman's Compensation Appeals Board, Harry M. Caldwell

Pepperdine Law Review

No abstract provided.


Current Trends In Workers' Compensation, Irvin Stander 2013 Pepperdine University

Current Trends In Workers' Compensation, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Unemployment Compensation, Committee on Benefits to Unemployed Persons, Section of Labor and Employment Law, American Bar Association 2013 Pepperdine University

Unemployment Compensation, Committee On Benefits To Unemployed Persons, Section Of Labor And Employment Law, American Bar Association

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander 2013 Pepperdine University

Workers Compensation: Presenting Medical Evidence In Heart Cases, Gerald J. Haas, Lowell A. Reed Jr, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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