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Full-Text Articles in Law

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges Jul 1992

The Preclusive Effect Of Unemployment Compensation Determinations In Subsequent Litigation: A Federal Solution, Ann C. Hodges

Law Faculty Publications

This article examines the use of the doctrine of collateral estoppel to preclude litigation of statutory and common law actions challenging employee discharge based on determinations in unemployment compensation proceedings. First, the article reviews the history of the doctrine of collateral estoppel and examines the policies underlying its application. Next, the article reviews unemployment compensation law and analyzes the cases that have considered whether unemployment compensation determinations have preclusive effect in later litigation. After examining the existing law, the article engages in a comparative analysis of the advantages and disadvantages of according preclusive effect to unemployment compensation determinations, in light …


Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman Jan 1992

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …