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How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff 2018 University of Wyoming College of Law

How The U.S. Supreme Court Deemed The Grand Bargain Adequate Without Defining Adequacy.Pdf, Michael C. Duff

Michael C Duff

During the second and third decades of the twentieth century, the U. S. Supreme Court issued a handful of opinions rejecting 14th Amendment constitutional challenges by employers to implementation of workers’ compensation statutes in the United States. Unknown to many, the statutes were largely the fruit of privately-sponsored investigations, principally by the Russell Sage Foundation and the National Association of Manufacturers, of European workers’ compensation systems during the first decade of the twentieth century. Some of those systems had been in existence since the 1870s and 1880s, and many employers preferred them to newly-emerging American employer liability statutes that retained ...


Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan 2018 University of Maine School of Law

Due Process And The Independent Medical Examiner System In The Maine Workers' Compensation Act, Sean T. Carnathan

Maine Law Review

Workers' compensation became front page news during the summer of 1991, when Maine's governor refused to sign the state's budget unless the Legislature reformed the system. Although the vehemence of the governor's demands stunned both the public and the Legislature, the dire state of workers' compensation was well known to those involved. In fact, the Legislature has debated reforming the system nearly every year, and sixteen significant changes have been made since the program's inception in 1915. In 1991, the Legislature focused on cutting costs. The system requires two types of highly paid professionals—doctors and ...


Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir 2018 University of Maine School of Law

Employees Or Independent Contractors: A Call For Revision Of Maine's Unemployment Compensation "Abc Test", Christopher J. Cotnoir

Maine Law Review

The Maine Employment Security Law governs whether one person performing services for another is an independent contractor or an employee for unemployment tax purposes. It requires many employers to pay unemployment taxes on individuals who, under the usual common law rules governing the employer-employee relationship, are independent contractors. This result, caused partly by the structure of the statute and partly by judicial interpretation, has the effect of discouraging business expansion, limiting entrepreneurial opportunities, and ultimately, hampering statewide economic development. This Comment first provides the historical background of unemployment compensation legislation at the federal and state levels. Employer liability and employee ...


Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School of Law 2018 Roger Williams University

Law School News: Legal Leaders To Be Honored At 2018 Commencement (04-20-2018), Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note, 2018 Roger Williams University

2017 Survey Of Rhode Island Law: Cases And Public Laws Of Note

Roger Williams University Law Review

No abstract provided.


The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly 2018 American University Washington College of Law

The Workplace Injunction: An Emerging But Imperfect Weapon In The Fight Against Domestic Violence, Michael D. Moberly

American University Journal of Gender, Social Policy & the Law

No abstract provided.


A Tale Of Two Standards - Website Version.Pdf, Michael C. Duff 2017 University of Wyoming College of Law

A Tale Of Two Standards - Website Version.Pdf, Michael C. Duff

Michael C Duff

This article explores the version of substantial evidence review used by Wyoming courts when reviewing the fact finding of workers' compensation administrative agencies. The ineluctable conclusion is that Wyoming does not (despite judicial protestations to the contrary) utilize the substantial evidence standard but, rather, a super-deferential form of review bearing little resemblance to anything an administrative lawyer would recognize as reasonableness review.


Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long 2017 University of Tennessee, Knoxville

Legal Analysis Of Ncaa Student-Athletes Worker's Compensation Status, James M. Long

University of Tennessee Honors Thesis Projects

No abstract provided.


Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua ONG 2017 Singapore Management University

Offences Against Foreign Domestic Workers In Singapore: Vindicating The Victim’S Right To Dignity, Benjamin Joshua Ong

Research Collection School Of Law

The High Court of Singapore recently increased the sentences of two employers who had starved their foreign domestic worker, causing serious physical injury. In so doing, the court affirmed the victim’s right to human dignity despite the relative leniency of the charge. This case prompts reflection not only on the vulnerability of foreign domestic workers and the courts’ role in protecting their basic dignity, but also on the prosecutors’ role in framing charges that accurately and completely reflect the infringement of rights.


Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black 2017 University of Maine School of Law

Roy V. Bath Iron Works: Three Different Perspectives On An Unfortunate Situation, Erik Black

Maine Law Review

Joseph Roy was an employee of Bath Iron Works (BIW) who suffered work-related injuries to his lower back in 1987 and to his neck in 1994 In 2005, Roy filed a petition for review of his workers' compensation benefits and sought, among other benefits, total incapacity benefits because his neck injury had worsened. A hearing officer from the Workers' Compensation Board found that Roy's work-related injuries had totally incapacitated him, but denied Roy total incapacity benefits after March 6, 2006, because a non-work-related liver condition had also caused him to become totally incapacitated. Roy appealed the decision to the ...


The Flsa Permission Slip: Determining Whether Flsa Settlements And Voluntary Dismissals Require Approval, Alex Lau 2017 Fordham University School of Law

The Flsa Permission Slip: Determining Whether Flsa Settlements And Voluntary Dismissals Require Approval, Alex Lau

Fordham Law Review

The Fair Labor Standards Act of 1938 (FLSA) seeks to protect the poorest, most vulnerable workers by requiring that they be paid a minimum wage and compensated for their overtime labor. When employers do not pay their workers minimum wage or overtime compensation and thereby violate the FLSA, workers have the power to sue their employers for remuneration. Like many other types of cases, most FLSA cases settle before going to trial. Unlike those other types of cases, however, most courts have held that settlements of FLSA cases must be approved to be enforceable. Even though Federal Rule of Civil ...


Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang 2017 Nevada Law Journal

Sargeant V. Henderson Taxi, 133 Nev. Adv. Op. 27 (June 1, 2017), Ping Chang

Nevada Supreme Court Summaries

The Court determined that (1) a summary judgment is proper when the opposing party did not file a substantive opposition to the motion for summary judgment and (2) a class certification is inappropriate when the plaintiff/appellant did not meet the burden of demonstrating “numerosity, commonality, and typicality,” and the ability to “fairly and adequately” represent the class members when an earlier-filed grievance between the union and taxi company resolved the minimum wage back-pay dispute at issue.


Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell 2017 West Virginia University College of Law

Finalizing The Grand Compromise In West Virginia Workers' Compensation: Repeal Deliberate Intent, Charles R. Russell

West Virginia Law Review

No abstract provided.


Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera FILLINGER, Nicholas HARRIGAN, Stephanie CHOK, Amirah AMIRRUDIN, Patricia MEYER, Meera RAJAH, Debbie FORDYCE 2017 Singapore Management University

Labour Protection For The Vulnerable: An Evaluation Of The Salary And Injury Claims System For Migrant Workers In Singapore, Tamera Fillinger, Nicholas Harrigan, Stephanie Chok, Amirah Amirrudin, Patricia Meyer, Meera Rajah, Debbie Fordyce

Research Collection School of Social Sciences

This research seeks to review and analyze the protections afforded to migrant workers in Singapore who bring salary and injury claims to the Ministry of Manpower for resolution. Our focus is male Work Permit holders from Bangladesh, China, and India who make up the majority of the workforce in Singapore’s construction and marine sectors. Work Permit holders are the lowest wage category of foreign workers and comprise nearly a third of the overall workforce. While these workers play an important role in building the nation, they face workplace issues that many would not associate with a modern economy.


Protecting Injured Workers By Eliminating The Use Of The American Medical Association Guides In Evaluation Of Permanent Partial Disability, 50 J. Marshall L. Rev. 589 (2017), Dan DeBias 2017 John Marshall Law School

Protecting Injured Workers By Eliminating The Use Of The American Medical Association Guides In Evaluation Of Permanent Partial Disability, 50 J. Marshall L. Rev. 589 (2017), Dan Debias

The John Marshall Law Review

This comment will demonstrate why using an AMA impairment rating as the sole determinant in evaluating an injured worker's disability would be a fundamentally unfair concept. Part II of this comment will discuss the history of compensation remedies for injured workers, both federally and in Illinois. Part II will also explain Illinois' calculation of permanent partial disability benefits, the 2011 amendments to the Illinois Workers' Compensation Act ("Act"), and the recently proposed changes to the Act concerning the AMA Guides. Part III will analyze the AMA Guides in more detail, including research into its flaws, the constitutionality of its ...


Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch 2017 University of Central Florida

Florida's Workers Compensation Law: The Pendulum Swings, Ursula Hirsch

Honors in the Major Theses

The intent of this paper is to discuss how the recent court rulings on the current workers compensation statutes will impact the rules to Florida’s workers compensation laws.

Workers Compensation system is a social justice system that protects both the employer and employee. Employees that are injured while in the course and scope of their employment give up the right to sue, making workers compensation an exclusive remedy. In exchange for giving up that right, the injured worker receives statutory benefits in a no-fault system.

This paper covers the legislative changes over the years that have impacted the constitutionality ...


Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino 2016 Fordham University School of Law

Show Me The Money: The Ceo Pay Ratio Disclosure Rule And The Quest For Effective Executive Compensation Reform, Biagio Marino

Fordham Law Review

This Note discusses past attempts to combat growing levels of executive compensation, analyzes the role of both shareholders and directors in the compensation-setting process, and discusses conflicting views concerning shareholder-director power, the disclosure mechanism, and the pay-ratio metric. Finally, this Note balances these views by proposing alterations to the CEO Pay Ratio Disclosure Rule that preserve the long-standing corporate structure, while also offering shareholders an accountability mechanism to enhance the Rule’s intended results.


Out Of Service: Does Service Time Manipulation Violate Major League Baseball’S Collective Bargaining Agreement?, Patrick Kessock 2016 Boston College Law School

Out Of Service: Does Service Time Manipulation Violate Major League Baseball’S Collective Bargaining Agreement?, Patrick Kessock

Boston College Law Review

Under the current Major League Baseball Collective Bargaining Agreement (“CBA”), professional players are eligible to file for salary arbitration or free agency once they reach certain thresholds of service time in the league. In recent years, however, Major League Baseball teams have taken advantage of the construction of service time rules in order to artificially keep players under their control at lower salaries for one year longer than the rules appear to contemplate. The controversy surrounding service time manipulation hit its apex in 2015, when Chicago Cubs prospect Kris Bryant was kept in the minor league system just long enough ...


Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu 2016 Boston College Law School

Uncertain Costs, Unclear Benefits: China’S Social Insurance System And Foreign Workers, Eric Chu

Boston College International and Comparative Law Review

China’s fairly recent implementation of a social security insurance scheme that includes foreign workers has generated unintended uncertainties and inconsistencies both for foreign companies in China and for Chinese companies working outside China, without generating clear benefits for foreign workers. This Note provides an overview of the new scheme, which requires, for the first time, all foreign workers and their employers to pay into the social security insurance system. Weaknesses in this new scheme include inconsistent implementation, scattered timelines, and incomplete information on coverage. In the face of these and other shortcomings, China should focus on the benefits of ...


Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman 2016 University of Southern California

Revisiting Labor Mobility In Innovation Markets, Jonathan M. Barnett, Ted M. Sichelman

University of Southern California Legal Studies Working Paper Series

It is now widely asserted that legal regimes that enforce contractual and other limitations on labor mobility deter technological innovation. First, recent empirical studies purport to show relationships between bans on enforcing noncompete agreements, increased employee movement, and increased innovation. We find that these studies misconstrue legal differences across states and otherwise are flawed, incomplete, or limited in applicability. Second, scholars have largely adopted the view that California’s policy against noncompetes promoted Silicon Valley as the world’s leading technology center. By contrast, Massachusetts’ enforcement of noncompetes purportedly stunted innovation in the Route 128 region near Boston. We show ...


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