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Workers' Compensation Law Commons

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Full-Text Articles in Workers' Compensation Law

The Farm Worker: His Need For Legislation, Susan Calkins May 2025

The Farm Worker: His Need For Legislation, Susan Calkins

Maine Law Review

Of America's ignored and invisible people, the farm worker is one of the most ignored and least visible. He is hidden by the crops as he works his way down the endless rows. Far from the cities where the laws are made and the issues of the day are debated, his voice is not heard. He is vitally necessary to this well-fed nation, and yet his needs are seldom considered. The legislators have not ignored the industrial worker. They have provided him with laws insuring a minimum wage, workmen's compensation and other such benefits. The farm worker, however, is expressly …


The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review Apr 2025

The Admiralty Clause And State Workmen's Compensation For Fishermen, Maine Law Review

Maine Law Review

The current methods of compensating fishermen injured or killed at sea are products of federal law. Without exception, a fisherman or his representative must turn to federal law for compensation. Unlike certain maritime workers covered by a federal workmen's compensation scheme, the fisherman's remedies are exclusively judicial, burdened by the expenses and delays inherent in litigation. Although this method of determining rights and liabilities may be a satisfactory means of obtaining compensation for other types of seamen, it has come under increasing attack within the fishing industry. This Comment evaluates both the constitutionality and the practicability of state coverage of …


The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak Jan 2023

The Demise Of The Hub-And-Spoke Cartel And The Rise Of The Student Athlete: A Significant Step Toward A New Era Of Conferences In Ncaa V. Alston, Brandon Posivak

University of Miami Business Law Review

The NCAA is not above the law. On June 21, 2021, the Supreme Court unanimously held in NCAA v. Alston that the NCAA’s student-athlete compensation restrictions violated § 1 of the Sherman Act, and student athletes may now obtain education-related benefits from their name, image, and likeness (NIL). The Court’s holding marked the first time the NCAA’s compensation restrictions failed antitrust scrutiny under the Rule of Reason analysis, but by limiting its holding to education-related benefits, the Court refused to open the floodgates to all forms of NIL compensation. Within its holding, the Court notably rejected the NCAA’s procompetitive argument …


Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani Apr 2021

Compensation, Commodification, And Disablement: How Law Has Dehumanized Laboring Bodies And Excluded Nonlaboring Humans, Karen M. Tani

Michigan Law Review

A Review of Injury Impoverished: Workplace Accidents, Capitalism, and Law in the Progressive Era. by Nate Holdren.


Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law Dec 2018

Law School News: Three Rwu Law Graduates Nominated For State Judgeships 12-10-2018, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth Nov 2016

Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.


Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger Jan 2016

Will Work For Free: The Legality Of Unpaid Internships, Nicole M. Klinger

Brooklyn Journal of Corporate, Financial & Commercial Law

This Note addresses the current ambiguity in the law regarding if unpaid interns are employees under the Fair Labor Standards Act. The Note explores relevant case law throughout the circuit courts, but primarily focuses on the Second Circuit’s recent decision in Glatt v. Fox Searchlight Pictures. It argues that the primary benefits test created by the Second Circuit in Glatt does not adequately protect unpaid interns nor does it inform employers of the standards they need to meet in order to adopt legal unpaid internship programs. Instead, courts should adopt a clearer, more rigid test that finds an intern not …


Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala Nov 2014

Appellate Division, Third Department, Novara Ex Rel. Jones V. Cantor Fitzgerald, Lp, Kerri Grzymala

Touro Law Review

No abstract provided.


Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr. May 2014

Ledbetter V. Goodyear Tire & Rubber Co., Derrick A. Bell Jr.

Touro Law Review

No abstract provided.


Workers' Compensation: Alternatives Are Limited, Irvin Stander Apr 2013

Workers' Compensation: Alternatives Are Limited, Irvin Stander

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Workers' Compensation Jan 1996

Workers' Compensation

Touro Law Review

No abstract provided.


Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited Jan 1992

Gift Or Loan Of Property Or Credit Of Local Subdivisions Prohibited

Touro Law Review

No abstract provided.


Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore Oct 1991

Worker Learning And Compensating Differentials, W. Kip Viscusi, Michael J. Moore

Vanderbilt Law School Faculty Publications

In the standard compensating wage differential model, workers value their wage and workers' compensation components based on full job risk information. Market forces generate positive wage differentials as ex ante compensation for exposure to relatively high risk. Similarly, market forces generate wage offsets for the increases in ex post risk compensation embodied in workers' compensation benefits. These predictions can be modified to take into account potential imperfections in worker information, as in Viscusi (1979a,b, 1980a,b,d), where the role of learning is incorporated into the worker's decision model. The potential for learning about risks introduces a new market response through worker …


Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio Jan 1975

Presumption Of Dependence In Workers' Compensation Death Benefits As A Denial Of Equal Protection, A. Russell Localio

University of Michigan Journal of Law Reform

This note will examine the sex bias prevalent in many workers' compensation statutes and the constitutionality of these statutes in light of recent Supreme Court decisions on sex discrimination. After this examination, alternative methods for effecting reform of the sex-biased death benefit provisions will be analyzed.


Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks Jan 1967

Jurisdiction In Longshoremen's Injuries, Richard E. Hendricks

Cleveland State Law Review

The decision in Southern Pacific Co. v. Jensen that state law does not apply to injuries occurring on navigable waters, began a series of jurisdictional questions which continue today. This decision initially deprived some 300,000 longshoremen and harbor workers in dangerous occupations of a compensation remedy, but it paved the way for a federal statute providing them with compensation coverage. Longshoremen and harbor workers are today protected under state or federal law, depending on whether their injuries occur on land or "upon navigable waters." They may be eligible for coverage under both federal and state law.


Compensation For Loss Of Earning Capacity, Robert R. Wright Jan 1964

Compensation For Loss Of Earning Capacity, Robert R. Wright

Law Faculty Scholarship

No abstract provided.


Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep Dec 1960

Radiation Injuries And Statistics: The Need For A New Approach To Injury Litigation, Samuel D. Estep

Michigan Law Review

The emphasis given by the mass media of communication to some of the dramatic problems arising from the use of nuclear energy unfortunately has diverted attention from some of the matters about which something can be done by lawyers, administrators, and legislators without the necessity of complicated international negotiations between various parties to the "Cold War." The headlines leave the uninformed, and perhaps often also the informed, public with the impression that even for radiation injuries the important problems all deal with such questions as: (1) Will only a few or many millions of people survive an all-out nuclear war? …