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Workers' Compensation Law Commons

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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 Nov 2019

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 Apr 2016

Just Jobs, Anita Bernstein

Faculty Scholarship

No abstract provided.


Gender In Asbestos Law: Cui Bono: Cui Pacat, Anita Bernstein Jun 2014

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 Jan 2014

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 Jan 2011

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 Jan 1994

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 Jan 1992

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 Nov 1990

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 Jan 1985

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 Jan 1985

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 Oct 1984

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 Jan 1980

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 Jan 1977

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 Jan 1977

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 Jan 1975

The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Nonphysical Torts And Workmen’S Compensation, Arthur Larson Jan 1975

Nonphysical Torts And Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Intoxication As A Defense In Workmen’S Compensation, Arthur Larson Jan 1974

Intoxication As A Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson Jan 1974

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 Jan 1974

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 Jan 1973

Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird

Faculty Scholarship

No abstract provided.


Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson Jan 1973

Basic Concepts & Objectives Of Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


The Suicide Defense In Workmen’S Compensation, Arthur Larson Jan 1973

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 Jan 1972

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 Jan 1972

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 Jan 1970

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 Jan 1970

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 Jan 1970

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 Jan 1970

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 Jan 1967

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 Jan 1958

Foreword: Workmen’S Compensation In Ohio, Arthur Larson

Faculty Scholarship

No abstract provided.