Law Commons^™

Discrimination Cases Of The 2002 Term, Eileen Kaufman

Touro Law Review

No abstract provided.

Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus Dillender

H. Allan Hunt

No abstract provided.

Workers' Compensation, H. Michael Bagley, J. Benson Ward

Mercer Law Review

While there was no legislation impacting the Workers' Compensation Act during the 2013-2014 survey period, the period featured notable decisions of the appellate courts involving core issues of the Act, including notice, average weekly wage, return to work, and change in condition.

Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala

Touro Law Review

No abstract provided.

Yamaha V. Calhoun: The Supreme Court Allows State Remedies In Certain Wrongful Death Cases In Admiralty, Nicolas R. Foster

Georgia Journal of International & Comparative Law

No abstract provided.

Georgia's Workers' Compensation Law: Are Limitations On Death Benefits To Foreign, Nonresident Dependents Constitutional? Barge-Wagener Constr. Co. V. Morales, Peter J. Diskin

Georgia Journal of International & Comparative Law

No abstract provided.

Workers' Compensation In Georgia, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.

Toward A Federal Constitutional Right To Employment, R. George Wright

Seattle University Law Review

This Article outlines an argument for a federal constitutional right to employment. The Article begins by examining the harms and costs of involuntary long-term unemployment. It then discusses the historical contributions to our understanding of the value of work, before drawing on several well-established jurisprudential distinctions to explain why, and to justify initial optimism regarding a constitutional employment right.

Benefit Adequacy In State And Provincial Workers' Compensation Programs, H. Allan Hunt, Marcus O. Dillender

Employment Research Newsletter

No abstract provided.

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; …

Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor

Rena I. Steinzor

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters: Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces; Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to protect …

Winning Safer Workplaces: A Manual For State And Local Policy Reform, Rena I. Steinzor

Book Gallery

We set out to compile a list of rules and policies that could be implemented by state and local governments to provide better protections for U.S. workers. This manual includes more than two dozen such ideas, organized into thematic chapters:

Chapter 1: Empowering Workers, with proposals designed to strengthen workers' individual and collective power to demand changes in their workplaces;
Chapter 2: Making Sure Crime Doesn't Pay, with ideas for strong enforcement of workplace health and safety rules that will punish bad actors and deter similar behavior;
Chapter 3: Strengthening Institutions, with recommendations intended to bolster government agencies' efforts to …

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 …

Workshop Libro Verde Bilateralità 26.5.14 Roma, Michele Faioli

Michele Faioli

No abstract provided.

Civil Rights And Related Decisions, Eileen Kaufman

Touro Law Review

No abstract provided.

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.

Profit Sharing: An Alternative Minimum Wage Model, Nicholas Parker

Nicholas Parker

No abstract provided.

The Analysis Of The Hcs Department's Injury And Illness Prevention Program, Matthew Evers

BioResource and Agricultural Engineering

The Horticulture and Crop Science department had created their own Injury and Illness Prevention Program (IIPP) which was placed online using Cal Poly’s “PolyLearn” module. The program had just been created and generally covered some of the basic IIPP elements required by CalOSHA law, however it had various points of improvement to fulfill all IIPP regulations. It was found that the program content was not in compliance with CalOSHA laws regarding hazard inspection, training, and record keeping, but through meetings with the various department staff, these areas were brought into compliance with CalOSHA requirements, or are expected to be …

Religious Freedom And Workers’ Compensation - Big Sky Colony V Montana Department Of Labor And Industry, Mel Cousins

Mel Cousins

Social security and health care litigation has played a prominent role in the development of the jurisprudence concerning the religious clauses of the US Constitution. At the time of writing further litigation in this area is ongoing with initial rulings having been handed down in relation to challenges concerning the compatibility of the PPACA’s contraceptive mandate with the Religious Freedom Restoration Act (RFRA). This note considers an interesting recent decision of the Montana supreme court which considered the constitutionality of an extension of coverage under the Montana workers’ compensation code to colonies of the Hutterite (or Hutterian or Hutterische) Brethren …

Chapter 653: Tackling Players’ End-Around The Laws Of Their Home States: Restricting Professional Athlete Access To California’S Workers’ Compensation System, Robert Binning

McGeorge Law Review

No abstract provided.

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 …

Comments: Fourth And Long: How The Well-Established System Of Workers' Compensation Poses A Substantial Threat To The Financial Stability Of The Nfl, Thomas J. Mcqueeney

University of Baltimore Law Review

No abstract provided.

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.