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Full-Text Articles in Law
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Stare Decisis In The F.E.L.A., Harry G. Fuerst
Cleveland State Law Review
The general doctrine on stare decisis is that when a court has once laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle and apply it to all future cases, where the facts are substantially the same. Congress on August 11, 1939, amended the Federal Employers Liability Act, and by the sweep of the President's pen the old and archaic defense of assumption of risk was completely eliminated from the Act.
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Job Refusal In Unemployment Compensation Claims, Robert J. Bowers
Cleveland State Law Review
Unemployment compensation is a type of insurance. As such, it does not cover losses intentionally incurred by claimants. However, the spirit of the Social Security Act of 1935 and of similar laws enacted in all the states affect the qualification or disqualification of a claimant who refuses a job. The broad discretionary powers of administrators and boards of review preclude definitive answer. We must be content with awareness of the tolerance limits indicated by stare decisis and commission rules.