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Articles 1 - 30 of 30
Full-Text Articles in Workers' Compensation Law
The Other Janus And The Future Of Labor’S Capital, David H. Webber
The Other Janus And The Future Of Labor’S Capital, David H. Webber
Faculty Scholarship
Two forms of labor’s capital—union funds and public pension funds—have profoundly reshaped the corporate world. They have successfully advocated for shareholder empowerment initiatives like proxy access, declassified boards, majority voting, say on pay, private fund registration, and the CEO-to-worker pay ratio. They have also served as lead plaintiffs in forty percent of federal securities fraud and Delaware deal class actions. Today, much-discussed reforms like revised shareholder proposal rules and mandatory arbitration threaten two of the main channels by which these shareholders have exercised power. But labor’s capital faces its greatest, even existential, threats from outside corporate law. This Essay addresses …
Just Jobs, Anita Bernstein
Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein
Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein
Faculty Scholarship
No abstract provided.
Revealing The Race-Based Realities Of Workforce Exclusion, Tanya K. Hernandez
Revealing The Race-Based Realities Of Workforce Exclusion, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
Social Networking And Workers’ Compensation Law At The Crossroads, Gregory M. Duhl
Social Networking And Workers’ Compensation Law At The Crossroads, Gregory M. Duhl
Faculty Scholarship
Over the past decade, social networking has increasingly influenced the practice of both civil and criminal law. One way to illustrate those influences is to examine a “system” of laws and the parties and lawyers in that system. In this article, we examine how social networking has influenced workers’ compensation law, looking at, in particular, the intersection of professional responsibility, discovery, privacy, and evidence with social networking in state workers’ compensation systems. Workers’ compensation laws are no-fault insurance systems designed to resolve disputes efficiently. Consequently, the rules of evidence are often more relaxed and the rules of discovery often more …
A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski
A Sheep In Wolf's Clothing: Territorialism In The Guise Of Interest Analysis In Cooney V. Osgood Machinery, Inc, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon
The Internalization Paradox And Workers' Compensation, Keith N. Hylton, Steven E. Laymon
Faculty Scholarship
By providing a scientific link between the compensatory and deterrence goals of tort law, the Pigovian theory of externalities has had an enormous influence on modem torts scholarship and tort doctrine.
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Rent Appropriation And The Labor Law Doctrine Of Successorship, Keith N. Hylton
Faculty Scholarship
When there is a change of corporate control in a business enterprise a question arises as to whether the new employer should be bound by the predecessor's collective bargaining relationship with the union representing the predecessor's employees. This is known as the successorship problem in labor law.' Successorship doctrine is complex and controversial. Several commentators have attempted to reconcile Supreme Court decisions and to ascertain the assumptions underlying the Court's opinions in this area.2 This Article does not attempt to do this, although paradoxically, the arguments presented may lead to reconciliation of many of the Supreme Court's decisions relating to …
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Third-Party Action Over Against Workers’ Compensation Employer, Arthur Larson
Faculty Scholarship
Wages
The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis
The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis
Faculty Scholarship
No abstract provided.
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram
Faculty Scholarship
Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
The Wage-Loss Principle In Workers’ Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
Faculty Scholarship
No abstract provided.
Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson
Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson
Faculty Scholarship
No abstract provided.
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Nonphysical Torts And Workmen’S Compensation, Arthur Larson
Nonphysical Torts And Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Intoxication As A Defense In Workmen’S Compensation, Arthur Larson
Intoxication As A Defense In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson
Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson
Faculty Scholarship
No abstract provided.
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Faculty Scholarship
No abstract provided.
Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird
Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird
Faculty Scholarship
No abstract provided.
Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson
Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Suicide Defense In Workmen’S Compensation, Arthur Larson
The Suicide Defense In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson
Faculty Scholarship
No abstract provided.
The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson
The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson
Faculty Scholarship
No abstract provided.
Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson
Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson
Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson
Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson
Faculty Scholarship
No abstract provided.
Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson
Workmen’S Compensation: Third Party’S Action Over Against Employer, Arthur Larson
Faculty Scholarship
No abstract provided.
The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson
The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson
Faculty Scholarship
No abstract provided.
Foreword: Workmen’S Compensation In Ohio, Arthur Larson
Foreword: Workmen’S Compensation In Ohio, Arthur Larson
Faculty Scholarship
No abstract provided.