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Articles 1 - 23 of 23
Full-Text Articles in Law
Reasonable Rulemaking Under Osha: Is It Feasible., Donald R. Taylor
Reasonable Rulemaking Under Osha: Is It Feasible., Donald R. Taylor
St. Mary's Law Journal
Abstract Forthcoming.
Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer
Dual Personas: Treating An Employer As A Third Party Under The Texas Workers’ Compensation Act, Brent A. Bauer
St. Mary's Law Journal
Abstract forthcoming.
The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich
The Thirteenth Amendment And One Hundred And Fifty Years Of Struggle To Criminalize Slavery: A First Amendment Challenge To The Forced Labor Act (18 U.S.C. § 1589), Niles Stefan Illich
St. Mary's Law Journal
Abstract forthcoming.
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
A “License To Kale”—Free Speech Challenges To Occupational Licensing Of Nutrition And Dietetics, Taylor J. Newman, Angela E. Surrett
St. Mary's Law Journal
State licensing of medical professions has occurred for over a century. Recently, these licensure statutes have been subject to First Amendment challenges, alleging occupational licensure impermissibly restricts freedom of speech. This Comment addresses these free speech challenges, arguing occupational licensure statutes, at least for medical professions, only incidentally impacts free speech—if at all—by permissibly regulating medical professional conduct necessarily requiring speech. Within, the authors ultimately describe, demonstrate, and recommend a legal framework, the other factor/personal nexus approach. This approach helps determine the point at which speech becomes regulable professional conduct subject to licensing, utilizing the nutrition and dietetics profession, and …
Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas
Holding Ridesharing Companies Accountable In Texas, Martha Alejandra Salas
St. Mary's Law Journal
Abstract forthcoming
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
Sky Is The Limit: Protecting Unaccompanied Minors By Not Subjecting Them To Numerical Limitations, Deborah S. Gonzalez Esq.
St. Mary's Law Journal
Abstract forthcoming
Bad Faith Claims Practices In Texas: Do They Exist: Extending A Bad Faith Cause Of Action Of Texas Workers' Compensation Insurance Claimants., Frederick L. Streck Iii
Bad Faith Claims Practices In Texas: Do They Exist: Extending A Bad Faith Cause Of Action Of Texas Workers' Compensation Insurance Claimants., Frederick L. Streck Iii
St. Mary's Law Journal
Abstract Forthcoming.
Fair Employement Of The Handicapped In Texas., Bennett L. Stahl
Fair Employement Of The Handicapped In Texas., Bennett L. Stahl
St. Mary's Law Journal
The Commission on Human Rights Act may help prevent discrimination against handicapped individuals and ensure they have adequate employment opportunities in Texas. Employment discrimination against handicapped individuals often happens because of unfair job qualifications, or fair qualifications they would be able to meet if employers made reasonable accommodations. Establishing legal mechanisms to ensure fair opportunity for handicapped citizens to obtain employment is a comparatively new goal of American jurisprudence. The Federal Rehabilitation Act in 1973 made significant progress in fair employment practices. Texas made more progress by establishing the Commission on Human Rights Act, which creates a commission in charge …
Employee's Allegation Of Wrongful Termination For Failing To Comply With Illegal Order By Employer States Cause Of Action., Alton Craig Chapman
Employee's Allegation Of Wrongful Termination For Failing To Comply With Illegal Order By Employer States Cause Of Action., Alton Craig Chapman
St. Mary's Law Journal
Abstract Forthcoming.
Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii
Union Solicitation In The Health Care Industry: Guidelines For The Labor Law Practitioner., Emmett Hubbard Kennady Iii
St. Mary's Law Journal
Abstract forthcoming.
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
Economic Pressure In Collective Bargaining: Lockout And Permanent Replacements In The Fifth Circuit., Peter H. Carroll Iii
St. Mary's Law Journal
Congress enacted the National Labor Relations Act (NLRA) to offset employers’ superior power in collective bargaining with the utilization of strikes and other forms of economic pressure by employees. The Act addresses the balance between the policy prohibiting management from reprimanding its employees for applying economic pressure, and the policy allowing an employer to protect its economic interests for legitimate business reasons. Although the courts have traditionally prohibited certain forms of economic pressure, recent cases have expanded employers’ ability to utilize economic pressure. It is apparent that the extent to which an employer can use lockouts and permanent replacements is …
Agricultural Labor Unions Are Exempt From Liability For Violation Of Some Aspects Of Federal Antitrust Law., Jeffrey D. Lavenhar
Agricultural Labor Unions Are Exempt From Liability For Violation Of Some Aspects Of Federal Antitrust Law., Jeffrey D. Lavenhar
St. Mary's Law Journal
Abstract Forthcoming.
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
Employee Compensation Plans: The Need For Stricter Regulation Student Symposium - Interpreting The Statutory Definition Of A Security: Some Pragmatic Considerations., Margaret Gray Knodell
St. Mary's Law Journal
Abstract Forthcoming.
Union's Waiver Of Initiation Fees Interferes With Employee's Freedom Of Choice In Representative Elections And Constitutes An Unfair Labor Practice., William R. Garmer
Union's Waiver Of Initiation Fees Interferes With Employee's Freedom Of Choice In Representative Elections And Constitutes An Unfair Labor Practice., William R. Garmer
St. Mary's Law Journal
Abstract Forthcoming.
Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly
Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly
St. Mary's Law Journal
Most current workmen’s compensation schemes allow an employee to sue a third party who negligently caused their injury while still receiving workmen’s compensation benefits. It is logical, then, that when an employee is injured due to the employer’s negligence arising from a second capacity that creates obligations independent from those of an employer, the right to bring a common law action should not be denied. For instance, a doctor still owes his patients the duty of providing good medical care, regardless of whether that patient is an employee. However, the majority of courts continue to reject this “dual capacity” doctrine …
Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson
Unlawful In Texas To Waive Right To File A Claim In Return For Compensation., Preston L. Dodson
St. Mary's Law Journal
Abstract Forthcoming.
Problems In Upholding The Standard For Female Employees., Michael H. Bailey
Problems In Upholding The Standard For Female Employees., Michael H. Bailey
St. Mary's Law Journal
Abstract Forthcoming.
Absent Provisions In A Collective-Bargaining Contract Or The Union's Constitution Or Bylaws Restricting A Union Member's Right To Resign, Any Imposition Of Fines Upon Employees Who Resign From The Union Prior To Breaking Strike Rules Is An Unfair Labor Practice Under Section 8(B)(1)(A) Of The National Labor Relations Act ., John S. Strickland
St. Mary's Law Journal
Abstract Forthcoming.
When An Employee Is Loaned, Both The General And Special Employers Are Liable For The Tortious Acts Of That Employee On The Basis Of The Public Policy Which Places Liability On The Employing Persons Or Firms Which Can Best Insure Against The Risk, Guard Against It, And Which Can Most Accurately Predict The Cost Of The Risk And Allocate Such Cost Directly To The Consumer., James A. Childress
St. Mary's Law Journal
Abstract Forthcoming.
Where An Employee Is Injured In A Case For Which Compensation Is Payable Under Circumstances Creating Liability In Some Party Other Than The Compensation Subscriber, The Employee Must Make An Election To Proceed Against The Third Party Or The Compensation Carrier Within Two Years From The Date Of The Accident., Myron E. East Jr.
St. Mary's Law Journal
Abstract Forthcoming.
A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox
A Covenant Constitutes A Complete Exoneration Of Employee And Removes Any Foundation Upon Which To Impute Negligence To Employer., Cynthia Hollingsworth Cox
St. Mary's Law Journal
Abstract Forthcoming.
Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The Rule Of Force., Charles E. Cantu
Vicarious Liability Of An Employer For An Assault By His Servant: A Survey Of Texas Cases Reexamining The Rule Of Force., Charles E. Cantu
St. Mary's Law Journal
Abstract Forthcoming.
When A Servant Is Following The Express Orders Of His Master By Going To Work In His Own Automobile, But It Is Not Within Usual Working Hours And Not For The Performance Of Regular Duties, The Special Errand Rule May Be Applied In Determining The Necessary Venue Facts Under Article 1995., Edward K. Gurinsky
St. Mary's Law Journal
Abstract Forthcoming.