Law Commons^™

Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein

Faculty Scholarship

No abstract provided.

Workers’ Compensation And The School Business Official, Charles J. Russo

Educational Leadership Faculty Publications

Workers’ compensation laws emerged during the Industrial Revolution to protect individuals and their families from salary losses and medical expenses that resulted from work-related injuries, illnesses, or death. The laws allow employees to receive partial or full benefits temporarily or permanently, depending on the seriousness of their conditions.

In light of the significance of workers’ compensation laws for school board budgets and staffing, this column begins with a brief history of the statutes; examines the components of a typical workers’ compensation statute, along with selected representative recent litigation; and then offers recommendations for school business officials (SBOs), their boards, and …

Circuit Courts With Plenary Jurisdiction And Administrative Agencies With Exclusive Jurisdiction: Can They Peacefully Coexist In Missouri?, Paul M. Spinden

Faculty Publications and Presentations

This paper considers the serious threat to effective operation of administrative law in Missouri resulting from the Missouri Supreme Court’s abrupt change in analysis of administrative agencies’ jurisdiction. The court enunciated its analysis in primarily two decisions handed down in 2009, J.C.W. v. Wyciskalla and McCracken v. Wal-Mart Stores East, L.P. The paper explores the Supreme Court’s attempt to chart a “simple” approach to distinguishing jurisdictional adjudicatory rules from non-jurisdictional adjudicatory rules and the serious threat posed by the court’s applying this analysis to statutes governing the authority of administrative agencies.

By deciding that exclusive administrative remedies, such as workers’ …

Using Tips To Discount To Present Value, Raymond Strangways, Bruce L. Rubin, Michael Zugelder

Finance Faculty Publications

The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate …

Revealing The Race-Based Realities Of Workforce Exclusion, Tanya K. Hernandez

Faculty Scholarship

No abstract provided.

Rethinking Erisa's Promise Of Income Security In A World Of 401(K) Plans, Lawrence A. Frolik

Articles

This article discusses the evolution of retirement income funds from defined benefit packages to 401(k) and IRA accounts and how the changing dynamic has reshaped the way retirees think about post-retirement income. The article outlines the mechanics of 401(k) accounts and rollover IRAs in the post-retirement period and presents questions about the ability of retirees to successfully address the complex issues relating to investment choices including, what entity they entrust their savings to, the volume and source of distributions, and long-term sufficiency planning. The article suggests that an increase in the use of annuities may help to resolve some of …

America's (Not So) Golden Door: Advocating For Awarding Full Workplace Injury Recovery To Undocumented Workers, D. Paul Holdsworth

Law Student Publications

This comment argues that awarding full damages to illegal immigrants who suffer workplace injuries better serves the United States' federal immigration objectives.