Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Law reform (3)
- Products liability (2)
- Workers (2)
- Black lung disease (1)
- Compensation (1)
-
- Constructive filing (1)
- Death benefits (1)
- Employees (1)
- Employers (1)
- Enterprise liability (1)
- Equal protection (1)
- Gender and law (1)
- Legislative process (1)
- Liability (1)
- Manufacturers (1)
- Michigan (1)
- Mining (1)
- Negligence (1)
- Pro se (1)
- Product defects (1)
- Punitive damages (1)
- Sex discrimination (1)
- Sixth Circuit (1)
- Women (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels
The Constitutional Conundrum Of Black Lung Appeals: Two Proposed Solutions, Pete S. Michaels
University of Michigan Journal of Law Reform
Part I of this Article explains the statutory requirements that a black lung benefits claimant must meet and how these claimants' failure to meet statutory prerequisites results in the dismissal of their claims. Part II argues that the current procedures are inadequate to protect the rights of black lung benefits claimants. Dismissal of their claims violates the petitioners' rights to due process of law and pro se representation. Part III proposes two solutions to the crisis. The first proposal is simply a form that would be distributed to all claimants explaining the procedures they must follow to avoid dismissal. Part …
A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski
A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski
University of Michigan Journal of Law Reform
In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …
Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley
Workers' Compensation Reform: A Case Study Of The Legislative Process In Michigan, Robert Vanderlaan, Richard K. Studley
University of Michigan Journal of Law Reform
At a 1979 workers' compensation seminar for the Michigan Legislature, University of Michigan law professor Marcus Plant closed by noting that "[m]y intent was to sketch in broad strokes the background of our workers' disability compensation law. It is my firm belief that wise decisions as to where we should go cannot be made unless we know how we got where we are. " I share Professor Plant's belief. I feel strongly that wise public policy decisions about where we should go next in the reform process depend substantially on a good understanding of how we got where we are …
Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio
Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio
University of Michigan Journal of Law Reform
This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
Workmen's Compensation: Toward A Stricter Liability For Enterprise, John A. Payne Jr.
University of Michigan Journal of Law Reform
This article considers the situation in which an employee injured by a defective product in the course of his employment can proceed both against his employer insured by a workmen's compensation program and against a manufacturer of the employer's equipment who is strictly liable under a claim of products liability. The focus is not on the manufacturer as employer but on the manufacturer as supplier of defective equipment which causes injury. This is the best situation for analyzing the problems arising from the present system for distributing losses because, where the negligence of the employer has been an independent cause …