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Full-Text Articles in Law

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt Jan 1991

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt

Seattle University Law Review

This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.


Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic Jan 1991

Baldwin V. Sisters Of Providence: Washington Gives At Will Employees A Gun With No Ammunition To Fight Against Unjust Dismissal, Michael T. Zoretic

Seattle University Law Review

This Comment will explore the status of the employment at will doctrine and unjust dismissal actions following the supreme court's decision in Baldwin. First, Section I will explain the historical background of the employment at will doctrine and its steady erosion in the modern era. Next, Section II will provide an overview of the Baldwin case itself, including facts, procedural history, and general holdings. Sections III through V will explore the three major issues decided by the court in Baldwin: allocating burdens of proof in wrongful discharge suits; implied covenants of good faith and fair dealing in employment …


Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer Jan 1991

Don't Throw The Price Waterhouse Baby Out With The Bath Water: Age Discrimination And The Direct Evidence/Mixed Motive Puzzle, Mary L. Beyer

Seattle University Law Review

This Comment examines why Washington should place a higher burden on employers in direct evidence and mixed motive age discrimination cases. Because Washington courts follow federal case law in interpreting state anti-discrimination legislation, Section II examines relevant federal statutes and the history of their interpretation by federal courts. Section III explores the courts' modification of the traditional federal approach found in direct evidence and mixed motive cases. Section IV discusses Washington's anti-discrimination statute and Washington's judicial interpretation of that statute. Section V demonstrates Washington's insufficient response to federal developments in direct evidence and mixed motive cases. Finally, Section VI identifies …


Enhanced Monitoring Of White Collar Employees: Should Employers Be Required To Disclose?, Jeff Kray, Pamela Robertson Jan 1991

Enhanced Monitoring Of White Collar Employees: Should Employers Be Required To Disclose?, Jeff Kray, Pamela Robertson

Seattle University Law Review

This Comment presents a five part legal and economic analysis of enhanced monitoring of white collar employees. Section I defines the employment contract. Section II provides an overview of the legal issues raised by enhanced monitoring of white collar employees. Section III discusses the economics of enhanced monitoring. Section IV presents an analysis of the legal and economic effects of an employer's enhanced monitoring of white collar employees. Finally, Section V describes and evaluates proposed federal legislation that would require employers to disclose the use of enhanced monitoring to employees.