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Articles 1 - 6 of 6
Full-Text Articles in Law
The Prima Facie Case Of Age Discrimination In Reduction-In-Force Cases, Jessica Lind
The Prima Facie Case Of Age Discrimination In Reduction-In-Force Cases, Jessica Lind
Michigan Law Review
This Note proposes that courts require the plaintiff in a RIF case to show, as part of her prima facie burden, that the employer reassigned at least part of her job responsibilities to a younger individual of equal or lesser qualifications. Part I describes the analytical framework applied to most intentional discrimination cases the McDonnell Douglas framework. Part II explains that the RIF plaintiff cannot meet the specific requirements of the prima facie case as articulated in McDonnell Douglas because her firing occurs in conjunction with the elimination of her position. This Part then examines two approaches taken by the …
Vicarious Liability Of An Employer-Master: Must There Be A Right Of Control?, John Dwight Ingram
Vicarious Liability Of An Employer-Master: Must There Be A Right Of Control?, John Dwight Ingram
Northern Illinois University Law Review
Most courts impose vicarious liability on an alleged employer-master when it has a right to control the physical conduct or method of doing the work of the person who injures a third party. In other instances, courts impose vicarious liability in cases where there only an appearance of actual control exists. This article examines the difference between actual and apparent control, and the author maintains that a better test for vicarious liability is whether the injurer is acting on the employer-master's behalf.
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Due Process Review Under The Railway Labor Act, Christopher L. Sagers
Michigan Law Review
This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process, is protected …
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Rearranging Deck Chairs On The Titanic: The Inadequacy Of Modest Proposals To Reform Labor Law, Charles B. Craver
Michigan Law Review
A Review of Agenda for Reform: The Future of Employment Relationships and the Law by William B. Gould IV
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Are Trojan Horse Union Organizers "Employees"?: A New Look At Deference To The Nlrb's Iterpretation Of Nlra Section 2(3), Jonathan D. Hacker
Michigan Law Review
This Note takes a different approach to interpreting section 2(3). Although this Note agrees that section 2(3) neither clearly includes nor clearly excludes trojan horse organizers, it also argues that the definition of employee under section 2(3) must be determined by looking to common law principles of agency. In other words, the question whether courts should defer to the Board's interpretation of section 2(3) does not turn on statutory ambiguity. Rather, courts have a continuing duty to ensure that the Board interprets employee consistently with common law agency principles. Nevertheless, the correct interpretation of employee under agency principles ultimately turns …
Contractarians, Communitarians And Agnostics, Alan E. Garfield
Contractarians, Communitarians And Agnostics, Alan E. Garfield
Alan E Garfield
This is a review of the Special Issue on the Corporate Stakeholder Debate: The Classical Theory and Its Critics, 43 AM. J. COMP. L. 150 (1995). While I find all of the contributions to the symposium thoughtful and provocative, I ultimately found the arguments weakened by their lack of empirical support. For so many of the questions posed in the symposium, the empirical data needed to furnish answers was either absent or conflicting. This deficiency left the articles seeming artificial: elegant theories floating without an anchor. I finished the symposium neither a converted contractarian nor communitarian, but an agnostic – …