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Articles 31 - 60 of 71
Full-Text Articles in Law
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Priestley V. Fowler (1837) And The Emerging Tort Of Negligence, Michael Ashley Stein
Faculty Publications
Priestly v. Fowler has long been noted as the source of the doctrine of common employment. This Article, however, argues that the case is better understood in the context of the then-emerging independent tort of negligence-specifically, as an unsuccessful attempt to require of masters a duty of care towards their servants. The Article re-examines the facts, arguments, personalities, and various reported versions of the case in tracing the effort to establish a new duty of care. The Article traces, as well, to another case, Hutchinson v. York, the true origins of the common employment doctrine. Finally, the Article compares the …
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
After Ellerth: The Tangible Employment Action In Sexual Harassment Analysis, Susan Grover
Faculty Publications
In this Article, Professor Grover argues that courts too readily allow employers to avoid vicarious liability far supervisors' unlawful sexual harassment of subordinates. The Article explores the breadth of the affirmative defense first introduced in the Supreme Court's 1998 cases of Faragher v. Boca Raton and Burlington Indus., Inc. v. Ellerth. That defense clears an employer of liability for a supervisor's unlawful sexual harassment if (a) the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer …
Contract Rights And Civil Rights, Davison M. Douglas
Contract Rights And Civil Rights, Davison M. Douglas
Faculty Publications
No abstract provided.
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Disability, Employment Policy, And The Supreme Court, Michael Ashley Stein
Faculty Publications
No abstract provided.
Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School
Section 1: Adarand Constructors V. Mineta, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Section 7: Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 7: Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
War, Society, And Disability: Some Thoughts On Applying Under-Utilized Methodologies, Michael Ashley Stein
Faculty Publications
No abstract provided.
Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon
Fulfilling The Bargain: How The Science Of Ergonomics Can Inform The Laws Of Workers’ Compensation, Jason M. Solomon
Faculty Publications
In the last decade, cumulative trauma disorders have become a significant percentage of reported workplace injuries and litigated workers'compensation claims. Arising from the accumulated impact of daily work activities on the body, these injuries do not fall neatly within "disease" categories which comprise workers' compensation laws. As a result, courts and legislatures have struggled to properly evaluate workers' compensation claims for these injuries. This Note looks at the legal treatment of cumulative trauma injuries in light of the "original bargain" of workers' compensation, where workers give up a tort remedy against their employers in exchange for guaranteed, but limited, compensation …
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Hardball, Politics, And The Nlrb, Michael Ashley Stein
Faculty Publications
No abstract provided.
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Section 4: Civil Rights & Employment Law, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Labor Markets, Rationality, And Workers With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
Empirical Implications Of Title I, Michael Ashley Stein
Empirical Implications Of Title I, Michael Ashley Stein
Faculty Publications
No abstract provided.
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Civil Rights Act Of 1991 -- Employer Liability For Punitive Damages In Title Vii Claims, Angela M. Banks
Faculty Publications
No abstract provided.
Book Review Of Employment Discrimination Law, James S. Heller
Book Review Of Employment Discrimination Law, James S. Heller
Library Staff Publications
No abstract provided.
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
The Business Necessity Defense In Disparate Impact Discrimination Cases, Susan Grover
Faculty Publications
No abstract provided.
Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Section 5: Moot Court: Harris V. Forklift Systems, Inc., Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
The Employer's Fetal Injury Quandary After Johnson Controls, Susan Grover
Faculty Publications
No abstract provided.
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Political Will And The Unitary Executive: What Makes An Independent Agency Independent?, Neal Devins
Faculty Publications
No abstract provided.
Reagan Redux: Civil Rights Under Bush, Neal Devins
Reagan Redux: Civil Rights Under Bush, Neal Devins
Faculty Publications
No abstract provided.
The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover
The Silenced Majority: Martin V. Wilks And The Legislative Response, Susan Grover
Faculty Publications
An American worker finds himself disadvantaged by an employer's affirmative action program. The worker heads for the courthouse, reverse discrimination complaint in hand. Will he be allowed to sue? Prior to the Supreme Court's 1989 Martin v. Wilks decision, the answer to that question tended to be "no." Wilks changed the answer to an emphatic ·yes." With the 1991 Civil Rights Act, the answer has become "probably not." This article discusses the bar against such challenges as developed through case law and recent congressional action. It addresses the implications that the new statutory bar will have for the structure of …
Proposal For A Substance Abuse Testing Act, Task Force On The Drug-Free Workplace
Proposal For A Substance Abuse Testing Act, Task Force On The Drug-Free Workplace
IBRL Events
This is the Report of the Task Force on the Drug-Free Workplace, sponsored by the Institute of Bill of Rights Law of the College of William and Mary, Marshall-Wythe School of Law. The Report contains an introduction describing the mission of the Task Force and the guiding philosophical principles it embraced, an Executive Summary providing a summary overview of the proposed model statute, the formal text of the proposed model Substance Abuse Testing Act, including commentary illuminating the intent and rationales underlying each provision of the Act, biographical information on all members of the Task Force, and a brief individual …
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
The Fourth Bite At The Apple: A Study Of The Operation And Utility Of The Social Security Administration's Appeals Council, Charles H. Koch Jr., David A. Koplow
Faculty Publications
The Social Security Administration's Appeals Council performs the fourth and final administrative evaluation of appealed disability claims. Very little information about the Appeals Council has been available to claimants and their representatives, even though claimants must request Appeals Council review before filing an appeal in federal court. In response to criticism and controversy surrounding this obscure branch of the Social Security Administration, the Administrative Conference of the United States (ACUS) asked Professors Koch and Koplow to study the Appeals Council's effectiveness in disability claims and adjudication. In this Article, the authors examine Appeals Council operations and the Council's relationship to …
Successorship And The Duty To Bargain, B. Glenn George
Successorship And The Duty To Bargain, B. Glenn George
Faculty Publications
No abstract provided.
Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George
Divided We Stand: Concerted Activity And The Maturing Of The Nlra, B. Glenn George
Faculty Publications
No abstract provided.
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
A Guide For The Selection Of Faculty Recruiters...Or Any First Year Course, Paul A. Lebel
Faculty Publications
No abstract provided.
The Possible Final Word On Employment Discrimination Relief, Neal Devins
The Possible Final Word On Employment Discrimination Relief, Neal Devins
Faculty Publications
No abstract provided.
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
To Bargain Or Not To Bargain: A New Chapter In Work Relocation Decisions, B. Glenn George
Faculty Publications
No abstract provided.
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Accommodating Employees' Sabbaths: Is It The Government's Job?, Neal Devins
Faculty Publications
No abstract provided.
Seniority Rights Vs. Racial Quotas, Neal Devins
Are Residential Quotas Constitutional?, Neal Devins
Are Residential Quotas Constitutional?, Neal Devins
Faculty Publications
No abstract provided.