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Workers' Compensation Law

St. Mary's University

St. Mary’s University School of Law

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Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China., Scott Walther Jan 2015

Trouble Behind The Great Wall: A Critical Look At Workers’ Rights In China., Scott Walther

The Scholar: St. Mary's Law Review on Race and Social Justice

Globalization has allowed large multinational corporations to shop for low cost labor markets with little intervention by governments. These markets are attractive to multinational corporations because their labor standards and laws tend to be poorly regulated and enforced. Specifically, China’s labor class has been abused and exploited by multinational corporations because of the country’s failure to adequately enforce its labor laws. Turning a blind eye to the violations of workers’ rights in China makes these corporations just as culpable by demanding more from the local manufacturers then evading responsibility for the resulting working conditions. Because multinational corporations do business with …


Workmen's Compensation And Employer Suability: The Dual-Capacity Doctrine., Mary Quella Kelly Dec 1973

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 …