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Full-Text Articles in Law
Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries
Nature And Extent Of Rights To Fish In Western Australia. Final Report., Department Of Fisheries
Fisheries management papers
This report (‘Nature and Extent of Rights to Fish in Western Australia’) is not a policy document. It has been written to assist Government and stakeholders alike in reaching a common position on the issue of fisheries access rights in Western Australia. The report is intended to inform policy makers and stakeholders in gaining an understanding of fisheries legislation in Western Australia and the mechanisms and implications of resource allocation shifts. Its main use will be as a reference document and not a full treatise on the law. The report examines the common law position in the waters in respect …
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Federalism's Fallacy: The Early Tradition Of Federal Family Law And The Invention Of States' Rights, Kristin Collins
Faculty Scholarship
By examining the history of the federal government's role in the regulation of the family, this article joins the work of others who in recent years have begun to piece together the history of the federal government's role in crafting domestic relations law and policy.'8 Much of this attention has focused on federal involvement in domestic relations in the late nineteenth and early twentieth centuries, with relatively less consideration given to the pre-Civil War period. Though recent contributions to this field have helped to cure this imbalance, 19 there remains a strong sense, especially among lawyers and judges, that …
Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
Where There's At-Will, There Are Many Ways: Redressing The Increasing Incoherence Of Employment At Will, Scott A. Moss
Publications
Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as "essential to free enterprise" and "central to the free market," but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of …