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Full-Text Articles in Law
An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn
An Overview Of Federal And State Whistleblower Protections, Stephen M. Kohn, Michael D. Kohn
Antioch Law Journal
The protection of employee whistleblowers is a controversial and developing area within employment discrimination law. There is no comprehensive law which prohibits employers from retaliating against employees who disclose potential corporate or governmental violations of law, or practices which may violate environmental standards or threaten the health and safety of employees and the public. Instead, over the past twenty-five years there has been a steady growth in common law and specific statutory protections for employee whistleblowers. This article is an introduction to the major statutory and common law provisions which concern whistleblower protection. It is not intended to present a …
Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein
Hope For Atomic Vets: The Proposed Veterans' Administration Adjudication Procedure And Judicial Review Act, Karen Lee Hochstein
Antioch Law Journal
This Comment will discuss the judicial review'3 and rulemaking14 provisions of the bill and their possible impact on efforts by atomic veterans to obtain benefits from the Veterans Administration. Part II will provide an overview of the Veterans Administration's claims procedures, describing the criteria currently applied to claims of atomic veterans and the changes contained in the bill. Part III will discuss the critical sections of the bill, including the unique standard of review'5 for factual determinations made in adjudicating individual claims for benefits. In particular, Part III will discuss potential problems posed to reviewing courts applying the standard of …
Equal Access To Justice Act, Sidney B. Jacoby
Equal Access To Justice Act, Sidney B. Jacoby
Antioch Law Journal
The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …