Law Commons^™

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

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

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 …

"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.

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.

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

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

BYU Law Review

No abstract provided.

"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 …

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 …

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

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

West Virginia Law Review

No abstract provided.

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

West Virginia Law Review

No abstract provided.

Bureau Of Indian Affairs Hiring Preferences After Adarand Constructors, Inc. U. Pena, Wayne R. Farnsworth

BYU Law Review

No abstract provided.

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 …

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

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 …

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.

Interference On Both Sides: The Case Against The Nfl-Nflpa Contract, Robert A. Mccormick

Washington and Lee Law Review

No abstract provided.

Sexual Harassment Policies: An Employer's Burden Or Advantage?, Lisa L. Fowler

Brigham Young University Journal of Public Law

No abstract provided.

Separating Business Decisions And Fiduciary Duty In Erisa Litigation?, Mary O. Jensen

Brigham Young University Journal of Public Law

No abstract provided.

Adarand Constructors, Inc. V. Pena And The Continuing Irrelevance Of Supreme Court Affirmative Action Decisions, Neal Devins

William & Mary Law Review

No abstract provided.

Perception Or Reality?: Some Reflections On The Interpretation Of Disability Discrimination Statutes, Michael D. Moberly

Hofstra Labor & Employment Law Journal

No abstract provided.

Innovations In Collective Bargaining: Nummi - Driven To Excellence, Marley S. Weiss

Hofstra Labor & Employment Law Journal

No abstract provided.

First, Do No Harm: Why Doctors Are Not Omnipotent Under The Americans With Disabilities Act, Sharona Hoffman

Hofstra Labor & Employment Law Journal

No abstract provided.

Step Up To The Bargaining Table: A Call For The Unionization Of Minor League Baseball, David M. Szuchman

Hofstra Labor & Employment Law Journal

No abstract provided.

Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo

Hofstra Labor & Employment Law Journal

No abstract provided.

No Individual Liability For Managers Under The Americans With Disabilities Act Of 1990: Eeoc V. Aic Security Investigations, Ltd., William L. Morrissey Jr.

Villanova Law Review

No abstract provided.