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Articles 1 - 8 of 8
Full-Text Articles in Law
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
A Different Class Of Care: The Benefits Crisis And Low-Wage Workers, Trina Jones
Faculty Scholarship
When compared to other developed nations, the United States fares poorly with regard to benefits for workers. While the situation is grim for most U.S. workers, it is worse for low-wage workers. Data show a significant benefits gap between low-wage and high-wage in terms of flexible work arrangements (FWAs), paid leave, pensions, and employer-sponsored health-care insurance, among other things. This gap exists notwithstanding the fact that FWAs and employment benefits produce positive returns for employees, employers, and society in general. Despite these returns, this Article contends that employers will be loath to extend FWAs and greater employment benefits to low-wage …
The Price Of Legal Education, Paul D. Carrington
The Price Of Legal Education, Paul D. Carrington
Faculty Scholarship
No abstract provided.
Compensating Market Value Losses: Rethinking The Theory Of Damages In A Market Economy, Steven L. Schwarcz
Compensating Market Value Losses: Rethinking The Theory Of Damages In A Market Economy, Steven L. Schwarcz
Faculty Scholarship
The BP Deepwater Horizon spill and the Toyota car recalls have highlighted an important legal anomaly that has been overlooked by scholars — judicial inconsistency and confusion in ruling whether to compensate for the loss in market value of wrongfully affected property. This article seeks to understand the anomaly and, in the process, to build a stronger foundation for enabling courts to decide when — and in what amounts — to award damages for market value losses. To that end, the Article analyzes the normative rationales for generally awarding damages, adapting those rationales to derive a theory of damages that …
A Woman’S Worth, Kimberly D. Krawiec
A Woman’S Worth, Kimberly D. Krawiec
Faculty Scholarship
This Article examines three traditionally “taboo trades”: (1) the sale of sex, (2) compensated egg donation, and (3) commercial surrogacy. The Article purposely invokes examples in which the compensated provision of goods or services (primarily or exclusively by women) is legal, but in which commodification is only partially achieved or is constrained in some way. I argue that incomplete commodification disadvantages female providers in these instances, by constraining their agency, earning power, or status. Moreover, anticommodification and coercion rhetoric is sometimes invoked in these settings by interest groups who, at best, have little interest in female empowerment and, at worst, …
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Corrective Justice And Liability For Global Warming, Matthew D. Adler
Faculty Scholarship
No abstract provided.
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Faculty Scholarship
Wages
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Compensable Working Time Under The Fair Labor Standards Act, Charles H. Livengood Jr.
Compensable Working Time Under The Fair Labor Standards Act, Charles H. Livengood Jr.
Faculty Scholarship
No abstract provided.