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Full-Text Articles in Law

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani Jan 2021

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

All Faculty Scholarship

This essay reviews Nate Holdren's Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era (Cambridge University Press, 2020), which explores the changes in legal imagination that accompanied the rise of workers' compensation programs. The essay foregrounds Holdren’s insights about disability. Injury Impoverished illustrates the meaning and material consequences that the law has given to work-related impairments over time and documents the naturalization of disability-based exclusion from the formal labor market. In the present day, with so many social benefits tied to employment, this exclusion is particularly troubling.


Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy Sep 2014

Subminimum Or Subpar? A Note In Favor Of Repealing The Fair Labor Standards Act's Subminimum Wage Program, Melia Preedy

Seattle University Law Review

This Note argues for the repeal of Section 14(c) of the Fair Labor Standards Act (FLSA), which continues to perpetuate a system allowing employers to pay less than minimum, or “subminimum,” wage to certain employees with disabilities. The Section 14(c) program is a relic of policy leftover from the 1930s and does not help the disabled community, but rather rests on the presumption that persons with disabilities never progress. In light of recent House Resolution 3086, Congress went against the current trend of encouraging maximum independence and equal opportunities for persons with disabilities and instead upheld the subminimum wage program; …


A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman Aug 2013

A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman

H. Allan Hunt

No abstract provided.


A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin M. Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman May 2013

A Study Of Occupational Disease Claims Within Washington's Workers' Compensation System, Kevin M. Hollenbeck, Peter S. Barth, H. Allan Hunt, Kenneth D. Rosenman

Upjohn Institute Technical Reports

No abstract provided.


The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy Nov 2012

The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy

H. Allan Hunt

No abstract provided.


The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph Mcginn, Robert W. Klein, Terrance J. Bogyo Nov 2012

The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph Mcginn, Robert W. Klein, Terrance J. Bogyo

H. Allan Hunt

No abstract provided.


Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully Nov 2012

Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully

H. Allan Hunt

No abstract provided.


Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt Nov 2012

Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt

H. Allan Hunt

No abstract provided.


Total Permanent Disability In Washington, H. Allan Hunt Nov 2012

Total Permanent Disability In Washington, H. Allan Hunt

H. Allan Hunt

No abstract provided.


Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt Nov 2012

Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt

H. Allan Hunt

No abstract provided.


Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein Nov 2012

Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein

H. Allan Hunt

No abstract provided.


Service Delivery Core Review: A Reappraisal, H. Allan Hunt May 2010

Service Delivery Core Review: A Reappraisal, H. Allan Hunt

Reports

No abstract provided.


Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton Oct 2009

Is It Time To Establish A National Disability Data System?, David C. Stapleton, Craig V.D. Thornton

Employment Research Newsletter

No abstract provided.


Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor May 2009

Counting Working-Age People With Disabilities: What Current Data Tell Us And Options For Improvement, Andrew J. Houtenville Editor, David C. Stapleton Editor, Robert R. Weathers Editor, Richard V. Burkhauser Editor

Upjohn Press

This book offers a systematic review of what current statistics and data on working-age people with disabilities can and cannot tell us, and how the quality of the data can be improved to better inform policymakers, advocates, analysts, service providers, administrators, and others interested in this at-risk population.


Total Permanent Disability In Washington, H. Allan Hunt Oct 2008

Total Permanent Disability In Washington, H. Allan Hunt

Employment Research Newsletter

No abstract provided.


Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor Aug 2005

Workplace Injuries And Diseases: Prevention And Compensation - Essays In Honor Of Terry Thomason, Karen Roberts Editor, John F. Burton Editor, Matthew M. Bodah Editor

Upjohn Press

This book presents a set of essays from a group of leading scholars that provides a detailed overview of what is known about the disability insurance system while highlighting areas of the system that beg for greater understanding.


Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park Aug 2005

Safety Practices, Firm Culture, And Workplace Injuries, Richard J. Butler, Yong-Seung Park

Upjohn Press

The authors present analysis of the impact of various HRM practices on firms’ workers’ compensation costs; specifically, which practices lower firms’ workers’ compensation costs and whether the impact is the result of changes in technical efficiency or comes through induced changes in workers’ behavior.


The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss Jan 2003

The Labor Market Experience Of Workers With Disabilities: The Ada And Beyond, Julie L. Hotchkiss

Upjohn Press

This book focuses on the labor market provisions of the Americans with Disabilities Act (ADA). It provides a comprehensive analysis of the current labor market experience of American workers with disabilities and an assessment of the impact the ADA has had on that experience.


The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor Jan 2003

The Decline In Employment Of People With Disabilities: A Policy Puzzle, David C. Stapleton Editor, Richard V. Burkhauser Editor

Upjohn Press

The book begins with a documentation of the employment rate decline and ends by spelling out the implications of this decline for public policy. However, the bulk of the book provides a detailed examination of the various explanations for the puzzling decline in employment among the working-aged population with disabilities.


Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt Mar 2002

Why Not The Best? Service Delivery Core Review Report, H. Allan Hunt

Upjohn Institute Technical Reports

No abstract provided.


Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt Jan 2002

Is Compensation For Workplace Injuries Adequate?, H. Allan Hunt

Employment Research Newsletter

No abstract provided.


Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton Apr 2001

Workers' Compensation Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton

Employment Research Newsletter

No abstract provided.


Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton Jan 2001

Workers' Compensation: Benefits, Costs, And Safety Under Alternative Insurance Arrangements, Terry Thomason, Timothy P. Schmidle, John F. Burton

Upjohn Press

Thomason, Schmidle, and Burton make use of a unique data set to delve into how insurance arrangements affect several objectives of the workers' compensation (WC) program. They underscore the effects of deregulation and other changes in WC insurance pricing arrangements by performing empirical analyses that use state-specific cost, benefit, and injury data from 48 states for 1975-1995. This allows them to address the interactive relationships among the four objectives of WC systems adequacy of benefits, affordability of WC insurance, efficiency in the benefits delivery system, and prevention of workplace injuries and diseases and how various public policies adopted by states …


The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph W. Mcginn, Robert W. Klein, Terrance J. Bogyo Feb 2000

The Third Way: Prevention And Compensation Of Work Injury In Victoria, Australia, Peter S. Barth, H. Allan Hunt, Alan Clayton, Ralph W. Mcginn, Robert W. Klein, Terrance J. Bogyo

Upjohn Institute Technical Reports

No abstract provided.


Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor Jan 1998

Growth In Disability Benefits: Explanations And Policy Implications, Kalman Rupp Editor, David C. Stapleton Editor

Upjohn Press

This collection of original papers reveals why caseloads of the nation's two largest income entitlement programs for disability - Social Security Disability Income (SSDI) and Supplemental Security Income (SSI) - have soared.


Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein Nov 1996

Workers' Compensation Insurance In North America: Lessons For Victoria?, H. Allan Hunt, Robert W. Klein

Upjohn Institute Technical Reports

No abstract provided.


The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy, Workers' Compensation Board Of British Columbia Feb 1996

The Workers' Compensation System Of British Columbia: Still In Transition, H. Allan Hunt, Peter S. Barth, Michael J. Leahy, Workers' Compensation Board Of British Columbia

Upjohn Institute Technical Reports

No abstract provided.


Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor Jan 1996

Disability, Work And Cash Benefits, Jerry L. Mashaw Editor, Virginia P. Reno Editor, Richard V. Burkhauser Editor, Monroe Berkowitz Editor

Upjohn Press

This book examines the economic consequences of work disabilities, and public and private interventions that might enable disabled individuals to enter the work force for the first time, remain at work, or return to work. Three groups of papers are presented. The first group examines ways that labor market changes, policy interventions and individual choices shape the work force. The next analyzes both public and private return to work policies for the work disabled and for those with a severely disabling condition. The final group focuses on the specific needs of the disabled that affect their work force participation, including …


Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten Jan 1995

Causes Of Litigation In Workers' Compensation Programs, Evangelos Mariou Falaris, Charles R. Link, Michael E. Staten

Upjohn Press

By applying econometric analyses to case data from two states, Falaris, Link and Staten identify the economic incentives influencing the probability of litigation in workers' compensation cases, and the probability that a contested case is pursued to verdict.


Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully Sep 1993

Disability Prevention Among Michigan Employers, 1988-1993, H. Allan Hunt, Rochelle Virginia Habeck, Brett Vantol, Susan M. Scully

Upjohn Institute Technical Reports

No abstract provided.