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Articles 1 - 14 of 14

Full-Text Articles in Law

Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard Nov 1992

Fifty Jurisdictions In Search Of A Standard: The Covenant Of Good Faith And Fair Dealing In The Employment Context, Monique C. Lillard

Missouri Law Review

This Article examines what good faith and fair dealing mean in the workplace, particularly where the relationship between employer and employee is otherwise presumed to be "at will." The conclusion is that except in sporadic situations, the concept of good faith and fair dealing is too vague to be helpful to either party or even to the court. The good faith and fair dealing construct, as currently understood, should be abandoned in the employment context, as should the at will presumption. They should be replaced by legislative prohibition of termination absent good cause. The Model Employment Termination Act' is an ...


The Trustee's Strong Arm Power Under The Bankruptcy Code, David Gray Carlson Jul 1992

The Trustee's Strong Arm Power Under The Bankruptcy Code, David Gray Carlson

South Carolina Law Review

No abstract provided.


Book Review, Kristin S. Shrader-Frechette Jun 1992

Book Review, Kristin S. Shrader-Frechette

RISK: Health, Safety & Environment (1990-2002)

Review of the following: ELAINE DRAPER, Risky BUSINESS: GENETIC TESTING AND EXCLUSIONARY PRACTICES IN THE HAZARDOUS WORKPLACE. (Cambridge University Press 1991) [315 pp.] Index of names and subjects, glossary, notes, references. LC 90-28112; ISBN 0-521-37027-2 (cloth $49.50); ISBN 0-42248-5 (paper $15.95). [40 W. 20th St., New York NY 10011.]


Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb Jan 1992

Demise Of The Faa's Contract Of Employment Exception - Gilmer V. Interstate/Johnson Lane Corp., The, Michael G. Holcomb

Journal of Dispute Resolution

The recent trend in the federal courts is to expand the scope of the Federal Arbitration Act2 (FAA) to include statutory claims. 3 Gilmer v. Interstate/Johnson Lane Corp. illustrates this trend by compelling claims under the Age Discrimination in Employment Act of 19674 (ADEA) to arbitration pursuant to an arbitration clause in an employment contract' But does this trend neglect the rights of the individual employee vis-a-vis his employer and does it undermine the purpose of the "contract of employment" exception in the FAA?' This Note will examine the Gilmer case and its adherence to the current trend of ...


The Public Policy Exception: The Need To Reform Florida's At-Will Employment Doctrine After Jarvinen V. Hca Allied Clinical Laboratories Andbellamy V. Holcomb, Stephen G. De Nigris Jan 1992

The Public Policy Exception: The Need To Reform Florida's At-Will Employment Doctrine After Jarvinen V. Hca Allied Clinical Laboratories Andbellamy V. Holcomb, Stephen G. De Nigris

Nova Law Review

"Silence," the King of the Turtles barked back, "I'm king, and

you're only a turtle named Mack."


The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones Jan 1992

The Death Of The Employer: Image, Text, And Title Vii, D. Marvin Jones

Articles

No abstract provided.


South Carolina Employers' Contractual Liability To Atwill Employees: The Present State And Future Course Of The Small Cause Of Action, Brian Murphy Jan 1992

South Carolina Employers' Contractual Liability To Atwill Employees: The Present State And Future Course Of The Small Cause Of Action, Brian Murphy

South Carolina Law Review

No abstract provided.


South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman Jan 1992

South Carolina Whistleblower Protection: The Good, The Bad, And The Ugly, Craig Berman

South Carolina Law Review

No abstract provided.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


Your Right To Privacy: A Selective Bibliography, Sandra S. Klein Jan 1992

Your Right To Privacy: A Selective Bibliography, Sandra S. Klein

Journal Articles

An awareness of relevant contemporary legal thought in the area of privacy is especially important today in light of what appears to be an increasing hostility to .the notion of individual privacy. The following bibliography considers privacy in terms of concept and application, and should prove useful to scholars, practitioners, and those seeking to gain more knowledge about this very important and complicated area of law.


Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick Jan 1992

Survey Of Recent Developments In Indiana Law: Labor And Employment Law, Barbara J. Fick

Journal Articles

This article examines developments in labor and employment law occuring shortly before its publicaiton in 1992. The article discusses cases revisiting the Frampton rule, addressing employee defamation suits against employers, employment discrimination, issues arising in public sector employment, wage statutes, unemployment compensation, and workers' compensation. It also discusses a state statute prohibiting employment discrimination based on employees' off-duty use of tobacco.


Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts Jan 1992

Five Year Report Of The New York Judicial Committee On Women In The Courts, The Judicial Committee On Women In The Courts

Fordham Urban Law Journal

In response to a report submitted by the Judicial Committee on Women, which concluded gender bias to be a "pervasive problem" in the New York State Court System, a Task Force was created to implement the recommendations of that committee. The Five Year Report is a summary of the work done by the Committee and notes the progress made in the fight for more gender equality in our courts. The Committee concluded that although significant progress has been made, there is still a long way to go in the fight for gender equality.


The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre Jan 1992

The Duty Of Fair Representation Under The Taylor Law: Supreme Court Development, New York State Adoption And A Call For Independence, Vincent Martin Bonventre

Fordham Urban Law Journal

The duty of fair representation in labor negotiations was born in Supreme Court case law to protect against racial discrimination and as a bastion of individuals’ interests during exclusive union representation in the collective bargaining process. The law later became as much a prescription for deference to unions as a protector from arbitrary union rule. As it currently stands, the law has become a minimal safeguard against wholly irrational and invidious union conduct far from the original guarantee of competent and committed union representation. Almost 25 years after the Supreme Court recognized a duty of fair representation in federal labor ...


A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger Jan 1992

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary ...