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Full-Text Articles in Law

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …


Workmen's Compensation--Award As A Proper Subject For Remittitur In An Action Against Third Parties, James William Sarver Dec 1960

Workmen's Compensation--Award As A Proper Subject For Remittitur In An Action Against Third Parties, James William Sarver

West Virginia Law Review

No abstract provided.


Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed. Nov 1960

Unemployment Compensation - Labor Dispute Disqualification - Workers Unemployed By A Mult-Employer Lockout, James B. Blanchard S.Ed.

Michigan Law Review

Two unions of restaurant employees voted to strike the local restaurant industry in order to obtain a more favorable master contract with a restaurant owners' association. The unions executed this program by strategically calling strikes on only a few key restaurants. The association retaliated by notifying its members to lay off their employees in accordance with its previously announced policy to consider a called strike against one member a called strike against all members. The California Unemployment Insurance Appeals Board held that the union employees laid off in response to the association's notice were "voluntarily'' out of work and therefore …


Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr. Oct 1960

Labor Law And Workmen's Compensation -- 1960 Tennessee Survey, Paul H. Sanders, J. Gilmer Bowman, Jr.

Vanderbilt Law Review

Labor law is concerned with the rules governing the various phases of the employment relation and the activities of employers and labor organizations vis-a-vis such phases. Sometimes such rules are embodied in criminal law or tort law. If the substance of the alleged crime or tort is not directed toward or used in some respects as a regulation of employment or labor relations, it is excluded by the above definition even though some "labor" aspect is prominently identified with the case. For example, during the survey period the Supreme Court of Tennessee decided the case of Smith v. State, affirming …


Workmens' Compensation—Requirements For Subrogation Under Section 29 Of The Workmen's Compensation Law, Buffalo Law Review Oct 1960

Workmens' Compensation—Requirements For Subrogation Under Section 29 Of The Workmen's Compensation Law, Buffalo Law Review

Buffalo Law Review

Juba v. General Builders Supply Corp., 7 N.Y.2d 48, 194 N.Y.S.2d 503 (1959).


Workmens' Compensation—Effect Of Common Law Recovery Against Employer On Employee's Claim For Workmen's Compensation, Buffalo Law Review Oct 1960

Workmens' Compensation—Effect Of Common Law Recovery Against Employer On Employee's Claim For Workmen's Compensation, Buffalo Law Review

Buffalo Law Review

Martin v. C. A. Production Corp, 8 N.Y.2d 226, 203 N.Y.S.2d 845 (1960).


Workmens' Compensation—"In Employment" Under Disability Benefits Law, Buffalo Law Review Oct 1960

Workmens' Compensation—"In Employment" Under Disability Benefits Law, Buffalo Law Review

Buffalo Law Review

Flo v. General Electric Co., 7 N.Y.2d 96, 195 N.YS.2d 652 (1959).


Workmens' Compensation—Extent Of Compensation Carrier's Lien On Employee's Third Party Action Recovery, Buffalo Law Review Oct 1960

Workmens' Compensation—Extent Of Compensation Carrier's Lien On Employee's Third Party Action Recovery, Buffalo Law Review

Buffalo Law Review

In re Campanelil's Estate, 8 N.Y.2d 173, 203 N.Y.S.2d 80 (1960).


Workmens' Compensation—Special Fund For Reopened Cases Not Liable For Reopened Workmen's Compensation Award, Buffalo Law Review Oct 1960

Workmens' Compensation—Special Fund For Reopened Cases Not Liable For Reopened Workmen's Compensation Award, Buffalo Law Review

Buffalo Law Review

Weyzk v. Town of Stafford, 7 N.Y.2d 121, 195 N.Y.S.2d 841 (1959).


Workmen's Compensation, Donald A. Eide Jul 1960

Workmen's Compensation, Donald A. Eide

Washington Law Review

Covers cases on employees for the short term.


A Brief Survey Of The West Virginia Law Of Compensability, William Dean De La Mater Jun 1960

A Brief Survey Of The West Virginia Law Of Compensability, William Dean De La Mater

West Virginia Law Review

No abstract provided.


Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr. Mar 1960

Remaining Tort Liability Of Employers And Third Parties Under Workmen's Compensation Statutes, Ben F. Loeb, Jr.

Vanderbilt Law Review

Workmen's compensation is a mechanism designed to provide cash benefits to employees to recompense for loss of wages due to injuries sustained in work-connected activities. Theoretically, the cost of the program is charged to the consumer by increasing the price of goods and services sold to the public. An employee, covered by a compensation act, is entitled to payments if he is injured by an accident arising out of and in the course of his employment; and the fact that such employee was at fault or guilty of negligence himself is normally of no consequence.

Compensation benefits, in contrast to …


Workmen's Compensation--Co-Employees Lability For Personal Injury To Fellow Worker, W. E. M. Feb 1960

Workmen's Compensation--Co-Employees Lability For Personal Injury To Fellow Worker, W. E. M.

West Virginia Law Review

No abstract provided.


Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley Feb 1960

Workmen's Compensation - Proceedings To Secure Compensation - Allowance Of Attorney's Fees To Claimants Unsuccessful On Appeal, Clayton R. Smalley

Michigan Law Review

Employee claimed total permanent disability as a result of an industrial accident, but was awarded compensation for only a twenty percent permanent disability. Claimant was denied certiorari by the Florida District Court of Appeals. However, claimant's request for an allowance of reasonable attorney's fees for the unsuccessful appeal was granted. Claimant's employer was then granted certiorari on its contention that the Florida workmen's compensation statute and a past Florida Supreme Court decision had established that attorney's fees would be allowed only when the claimant's appeal was successful. On certiorari, held, award of attorney's fees affirmed. The statute allows an …


An Analysis Of The 1960 Amendments To The Kentucky Workmen's Compensation Law, Herbert L. Segal Jan 1960

An Analysis Of The 1960 Amendments To The Kentucky Workmen's Compensation Law, Herbert L. Segal

Kentucky Law Journal

No abstract provided.


Grade Or Class Provision As A Basis For Disqualification For Unemployment Compensation - Bethlehem Steel Co. V. Board, Frank J. Vecella Jan 1960

Grade Or Class Provision As A Basis For Disqualification For Unemployment Compensation - Bethlehem Steel Co. V. Board, Frank J. Vecella

Maryland Law Review

No abstract provided.


Workmen's Compensation--Employee--Independent Contractor, John C. Darsie Jr. Jan 1960

Workmen's Compensation--Employee--Independent Contractor, John C. Darsie Jr.

Kentucky Law Journal

No abstract provided.


The Kentucky Occupational Disease Act: Nature And Conditions Of Employment, Leslie D. Aberson Jan 1960

The Kentucky Occupational Disease Act: Nature And Conditions Of Employment, Leslie D. Aberson

Kentucky Law Journal

No abstract provided.


Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed. Jan 1960

Administrative Law - Workmen's Compensation Proceedings - Use Of Lay Representatives, Stanley A. Williams S.Ed.

Michigan Law Review

The West Virginia Bar Association sued to enjoin the defendant, a layman, from representing claimants before the State Compensation Commission. Lay representation was authorized by the commission under its power to make rules of procedure. The injunction was granted by the circuit court. On appeal, held, affirmed. Neither the legislature nor the commission can authorize a layman to represent claimants before an administrative agency, since this would encroach upon the judiciary's inherent power to control the practice of law. West Virginia State Bar v. Earley, (W. Va. 1959) 109 S.E. (2d) 420.