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Articles 1 - 4 of 4
Full-Text Articles in Law
Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton
Revisiting The Intersection Of Workers' Compensation And Product Liability: An Assessment Of A Proposed Federal Solution To An Old Problem, Thomas A. Eaton
Scholarly Works
This article addresses a less publicized, but potentially far reaching provision of the Product Liability Legal Reform Act of 1996: the provision pertaining to the intersection of product liability and workers' compensation. The prototypical case is one in which an employee is injured on the job and the injury is caused, at least in part, by a defective product. In many instances, the employer may also be at fault. This scenario potentially calls into play both the product liability and the workers' compensation systems, raising certain relevant questions. Can the employee secure compensation benefits from the employer and tort damages …
Constitutional Torts, Common Law Torts, And Due Process Of Law, Michael L. Wells
Constitutional Torts, Common Law Torts, And Due Process Of Law, Michael L. Wells
Scholarly Works
Government officers may harm persons in many ways. When an official inflicts a physical injury, causes emotional distress, publishes defamatory statements, or initiates a malicious prosecution, the victim's traditional recourse is a tort suit brought under common law or statutory principles. But an alternative to ordinary tort may also be available. The growth of damage remedies for constitutional violations in the decades following Monroe v. Pape has encouraged litigants to frame their cases as breaches of the Constitution. These litigants may sue for damages under 42 U.S.C. § 1983 when the offender is a state employee, or assert the damages …
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Limits On Preemption And Punitive Damages: Can They Be Related?, Peter Zablotsky
Scholarly Works
No abstract provided.
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Beyond Formalism And False Dichotomies: The Need For Institutionalizing A Flexible Concept Of The Mediator's Role, Jeffrey W. Stempel
Scholarly Works
Related to the problem of the false dichotomy is the formalist application of the either/or construct. If, for example, one adopts as a first premise the view that mediation is by definition non-evaluative, and then rigidly applies this premise to issues of appropriate mediator behavior, the result is a formalist system that permits mediators little or no leeway to depart from the non-evaluative style. This sort of regulatory regimen may satisfy the non-evaluative ethos of some mediation scholars, but it does so at the risk of becoming a rigid system that prevents mediators from taking practical actions most appropriate to …