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Articles 1 - 30 of 126
Full-Text Articles in Law
A Historical Perpective On Contemporary Challenges In Workers' Compensation, Terence G. Ison
A Historical Perpective On Contemporary Challenges In Workers' Compensation, Terence G. Ison
Osgoode Hall Law Journal
Workers' compensation has entered a period of rising complexity and increasing pressures for system change. This article explains the extent to which important assumptions and assertions made in this process are historically correct. The discussion includes the historical interaction of tort liability with workers' compensation, and the current proposals for "privatization."
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
Grasping The Intangible: A Guide To Assessing Nonpecuniary Damages In The Eeoc Administrative Process , Douglas M. Staudmeister
American University Law Review
No abstract provided.
Crafting A New Means Of Analysis For Wrongful Discharge Claims Based On Promises In Employee Handbooks, Gabriel S. Rosenthal
Crafting A New Means Of Analysis For Wrongful Discharge Claims Based On Promises In Employee Handbooks, Gabriel S. Rosenthal
Washington Law Review
Over the past twenty years, the concept of employment at will has been eroded through exceptions permitting employees to sue employers for wrongful discharge under various theories. One such theory, implied-in-fact contract, grants employees the ability to sue based on promises made in employee handbooks. Although forty-seven states allow such claims, their legal analyses have been murky and varied. The reasons for this ambiguity are twofold. First, courts still feel compelled by the looming presence of employment at will to base exceptions on traditional theories of contract law. Second, the role of disclaimers has not been precisely defined. This Comment …
On The Clock Versus On The Books: The Appropriate Method For Counting Employees Under Title Vii, The Adea And Other Labor Laws, Kimberly Hayes
On The Clock Versus On The Books: The Appropriate Method For Counting Employees Under Title Vii, The Adea And Other Labor Laws, Kimberly Hayes
Buffalo Law Review
No abstract provided.
"It's Not Polite To Ask Questions In The Boardroom": Van Gorkhom's Due Care Standard Minimized In Paramount V. Qvc, Patricia A. Terian
"It's Not Polite To Ask Questions In The Boardroom": Van Gorkhom's Due Care Standard Minimized In Paramount V. Qvc, Patricia A. Terian
Buffalo Law Review
No abstract provided.
Risky Business, Michael S. Baram
Risky Business, Michael S. Baram
Faculty Scholarship
In prior studies by high-level commissions, emphasis was given to improving the scientific basis and institutional procedures for risk assessment and risk regulation within existing statutory frameworks. Recommendations have led to slow but steady progress. This study is considerably different. It emphasizes a public health approach for efficient use of resources in a new flexible framework for risk management, reductionist approaches to risk assessment and characterization, increased public involvement, and various methods for managing such public involvement. It provides a mix of aspirations and concepts, procedures, and "shop floor rules" for putting the new system of risk management into practice. …
Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry
Implementing Waters V. Churchill In Light Of The Loudermill Pretermination Hearing, Laura L. Scarry
In the Public Interest
No abstract provided.
Encouraging Employers To Abandon Their "No Comment" Policies Regarding Job References: A Reform Proposal, Robert S. Adler, Ellen R. Peirce
Encouraging Employers To Abandon Their "No Comment" Policies Regarding Job References: A Reform Proposal, Robert S. Adler, Ellen R. Peirce
Washington and Lee Law Review
No abstract provided.
Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
Steinbach V. Hubbard: Somebody Call An Ambulance! The Fair Labor Standards Act And The Successor Liability Doctrine Have Been Seriously Injured!, Andrew P. Pickering
BYU Law Review
No abstract provided.
Vol. 13, No. 3, Steven Mark Bierig
Vol. 13, No. 3, Steven Mark Bierig
The Illinois Public Employee Relations Report
Contents:
Discipline for Off-Duty Conduct: Can (And If So, When Should) Big Brother Watch?, by Steven Mark Bierig
Recent Developments, by the Student Editorial Board
Further References, compiled by Margaret A. Chaplan
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
The 1992 Employment Service Act And The Influx Of Foreign Workers In Taiwan And Translation Of The 1994 Implentary Provisions, Dorothy S. Liu, Li Mingde, Judy Demarsh
Washington International Law Journal
The 1992 Employment Service Act, the first major law in Taiwan to legalize the hiring of blue-collar foreign workers, was adopted to stem the tide of illegal aliens while alleviating Taiwan's labor shortage. The Act and its Implementary Provisions, however, have not resolved the problems caused by the influx of foreign labor. Taiwan's foreign labor policy has not curtailed the influx of illegal aliens, and in an effort to resolve the labor shortage without recognizing the consequences of importing foreign labor, Taiwan has encouraged the continuation of labor-intensive industries and has indirectly perpetuated the continuation of employer abuses against foreign …
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
"Overpaid" Older Workers And The Age Discrimination In Employment Act, Stacey Crawshaw-Lewis
Washington Law Review
Congress passed the Age Discrimination in Employment Act (ADEA) to prohibit discrimination against older workers. The legislative history of the ADEA shows that Congress recognized that this discrimination most commonly stemmed from inaccurate stereotypes about the older worker. A review of ADEA cases decided between 1984 and 1995 demonstrates the frequent incidence of cases in which older workers allegedly were fired or not hired because of the higher salaries typically earned by these relatively experienced workers. This review also reveals that, applying an unduly mechanical version of the McDonnell Douglas/Burdine test, courts did not effectively identify (1) employment actions purportedly …
Farris V Merks Farms Ltd, Innis Christie
Farris V Merks Farms Ltd, Innis Christie
Innis Christie Collection
The Complainant, David Farris, alleges that he was dismissed unjustly by the Employer, Merks Farms Ltd., with whom he had been employed since July 1, 1986, as a truck driver. The Employer, a family owned corporation, which operates a trucking company and a variety of farming operations, employing, in all, about seventy people, responds that he was justly dismissed for incapacity to work due to a bad back, after the exhaustion of his short term disability entitlements. There was little dispute about most of the relevant facts, although there were differences about how much contact the Complainant had maintained with …
Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab
Wrongful Discharge Law And The Search For Third-Party Effects, Stewart J. Schwab
Cornell Law Faculty Publications
The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann
The Allocation Of Authority Under The Mine Act: Is The Authority To Decide Questions Of Policy Vested In The Secretary Of Labor Or In The Review Commission, W. Christian Schumann
West Virginia Law Review
No abstract provided.
The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer
The Federal Mine Safety And Health Act Of 1977: Preserving A Law That Works, J. Davitt Mcateer
West Virginia Law Review
No abstract provided.
The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing
The Legality Of Designating A Union Representative As The Miners' Walkaround Representative At A Non-Unionized Mine, Christian J. Helbing
West Virginia Law Review
No abstract provided.
A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton
A Theory Of Minimum Contract Terms, With Implications For Labor Law, Keith N. Hylton
Faculty Scholarship
This Paper deals with a topic at the core of labor, property, and contract law: to what extent should individuals be free to enter into agreements of their choice? In many instances, the state intervenes to tell parties that they may not execute or enforce certain agreements, or that they must incorporate certain "minimum terms." A broad view of property rights would support the position that individuals are free to enter into whatever agreements suit them. A narrow view, on the other hand, is consistent with the claim that the state may require contracting parties to comply with a set …
Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson
Mine Accident Investigations: Does The Press Have A Right To Be Present, O. Marie Anderson
West Virginia Law Review
No abstract provided.
North Star Steel Company V. Thomas: Time For Warning, Vanessa Zyla Goddard
North Star Steel Company V. Thomas: Time For Warning, Vanessa Zyla Goddard
West Virginia Law Review
No abstract provided.
Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas
Research To Practice: Multiple Perspectives On Implementing The Rehabilitation Act Amendments Of 1992, Jean Whitney-Thomas
Research to Practice Series, Institute for Community Inclusion
This summary of a qualitative study reports the results of focus groups with administrators and counselors in Massachusetts's vocational rehabilitation agency. The findings highlight differences in perspectives on how the 1992 Rehabilitation Act Amendments have been implemented.
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Goertz V. Gordon, Laura Spitz
Faculty Scholarship
Historically, women have been almost exclusively responsible for the unpaid labour of child care with the assumption of primary child care responsibilities after separation. The courts must analyze each situation to determine whether a joint custody arrangement, in law, is in fact true equal parenting, in roles and responsibilities, or one more akin to sole custody when considering relocation restrictions.
Labor Law, Stephen W. Mooney, Leigh Lawson Reeves
Labor Law, Stephen W. Mooney, Leigh Lawson Reeves
Mercer Law Review
This Article surveys the 1995 decisions of the United States Court of Appeals for the Eleventh Circuit that addressed issues in the areas of traditional labor law. This Article specifically discusses decisions by the Eleventh Circuit under the National Labor Relations Act ("NLRA), the Labor Management Relations Act ("LMRA"), the Fair Labor Standards Act of 1938 ("FLSA"), and the Employee Retirement Income Security Act of 1974 ("ERISA7).
Unlike the past few years, this survey year the Eleventh Circuit did not decide many cases which involved labor law issues. There were numerous unpublished opinions by the Eleventh Circuit dealing with the …
Mckennon V. Nashville Banner Publishing Company: Progression Of The After-Acquired Evidence Doctrine, Lauren L. Logan
Mckennon V. Nashville Banner Publishing Company: Progression Of The After-Acquired Evidence Doctrine, Lauren L. Logan
Mercer Law Review
In McKennon v. Nashville Banner Publishing Co., the United States Supreme Court held that after-acquired evidence of employee wrongdoing that would have led to termination on lawful and legitimate grounds does not bar the employee from all relief sought under an employment discrimination action. The plaintiff, Christine McKennon, had worked for the defendant, Nashville Banner Publishing Company, for thirty years when, as claimed by Banner, she was discharged as part of a work force reduction plan. McKennon, who was sixty-two years old at the time of her discharge, claimed that her termination was based on her age. She filed …
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Employment Discrimination, John F. Dickinson, F. Damon Kitchen
Mercer Law Review
The employment law docket of the Eleventh Circuit last year was a reflection of the general state of employment-related litigation in all but one respect. It included a large number of decisions, many of which turned on complicated procedural issues arising out of trial practice before juries. On the other hand, as in previous years the court of appeals published no opinion concerning a disability claim under the Americans With Disabilities Act of, 1990. These are sure to come.
Consistent with the tradition of past articles on this topic, this survey does not attempt to include all opinions that touch …
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth
BYU Law Review
No abstract provided.
Constitutional Law—First Amendment And Freedom Of Speech—Public Employers Must Conduct A Reasonable Investigation To Determine If An Employee's Speech Is Protected Before Discharging The Employee Based Upon The Speech. Waters V. Churchill, 114 S. Ct. 1878 (1994)., D. Keith Fortner
University of Arkansas at Little Rock Law Review
No abstract provided.
Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman
Reply: The Need For Real Striker Replacement Reform, Rafael Gely, Leonard Bierman
Faculty Publications
Introduction In a recent article in the North Carolina Law Review, Louisiana State University Law Professor William R. Corbett proposes an innovative solution to the contentious issue of the right of employers to permanently replace economic strikers pursuant to the National Labor Relations Act (“NLRA” or “Act”). Professor Corbett's proposal is based on two arguments. First, he argues that the current legal distinction between “economic” and “unfair labor practice” strikes -- whereby employers are prevented from permanently replacing employees striking over employer unfair labor practices but may permanently replace employees striking over economic issues -- is a useful one and …
Community Guide To Environmental & Occupational Safety Laws - Part Ii - Your Right To A Clean Environment: Review Of Selected Environmental Laws
Environmental Law and Justice Clinic
The Environmental Law and Justice Clinic ("ELJC") of Golden Gate University School of Law developed this part of the Community Guide to assist you and your community in addressing environmental pollution concerns. It explains several state and federal environmental laws, and provides an overview of several governmental agencies responsible for enforcing these laws. We hope you will fmd this Community Guide useful, such as when you want to identify and contact a governmental agency, obtain information about an environmental hazard in your neighborhood or workplace, participate in an environmental decision-making process, or voice your concerns on a particular environmental issue …
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
How Will Welfare Recipients Fare In The Labor Market?, Jeffrey S. Lehman, Sheldon Danziger
Cornell Law Faculty Publications
No abstract provided.