Fashioning A General Common Law For Employment In An Age Of Statutes PDF Download
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Author | : Michael Harper |
Publisher | : |
Total Pages | : 0 |
Release | : 2014 |
Genre | : |
ISBN | : |
Download Fashioning a General Common Law for Employment in an Age of Statutes Book in PDF, ePub and Kindle
In the current post-Erie age of statutes the Supreme Court continues to have potential influence over the development of a “general” common law used to decide recurring issues governed by state law. This influence, which has drawn little commentary, derives from the Court's authority to consider analogous issues when filling gaps in federal statutes, sometimes through express reliance on general common law. The influence is through the power to persuade, like that of the federal judiciary in its general common lawmaking age of Swift, rather than through the power to command, like that of the federal judiciary in the formulation of the specialized federal common law of the post-Erie era. The Court's post-Erie role in general common law making has been evident recently in a series of decisions interpreting federal employment statutes. In those decisions the Court has relied in part on common law as formulated in the Restatement Second of Agency, but also has modified that formulation in ways that could enhance the common law applied by state courts. The American Law Institute in turn has considered and in part relied upon the Court's participation in the common law making process in the production of its Restatement of Employment Law, which will be granted final approval in May, 2014. By using examples from the Court's recent employment law decisions, this article highlights how the Court can influence common law through its delegated authority to make law through statutory interpretation.
Author | : Collins Ayoo |
Publisher | : BoD – Books on Demand |
Total Pages | : 120 |
Release | : 2024-07-24 |
Genre | : Political Science |
ISBN | : 1837694990 |
Download Unemployment - Nature, Challenges and Policy Responses Book in PDF, ePub and Kindle
This book brings together research on the issue of unemployment with a focus on its nature, causes, and the strategies that are currently being utilized in various jurisdictions to combat it. The issue is complex and multidimensional and is a serious challenge in both developing and developed countries. The chapters in the book highlight in a nuanced way the key theoretical aspects of the problem, the attempts that have been made in specific countries to measure its extent, the shortcomings of these efforts, and better metrics that can be applied to analyze it. This is important because measurement of unemployment is a critical step in successfully formulating and targeting policies that can be effective in remedying it. An important strength of the book is its empirical orientation and its illumination of aspects that are easy to gloss over, such as people with disabilities who are a valuable and underutilized resource but who are often ignored in the discourse on development and labor markets. Furthermore, the book addresses critical emerging issues such as the implications of globalization and social and technological change on unemployment. The book is rich in the breadth of policies presented, thus making it particularly useful to diverse audiences such as legislators, academic researchers, policymakers, and students of economics, development, public policy, and project design and management.
Author | : Karl N. Llewellyn |
Publisher | : Quid Pro Books |
Total Pages | : 554 |
Release | : 2016-05-21 |
Genre | : Law |
ISBN | : 1610273001 |
Download The Common Law Tradition Book in PDF, ePub and Kindle
Author | : P. G. Turner |
Publisher | : Cambridge University Press |
Total Pages | : 601 |
Release | : 2016-05-26 |
Genre | : Law |
ISBN | : 1107142733 |
Download Equity and Administration Book in PDF, ePub and Kindle
What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Author | : Motilal Chimanlal Setalvad |
Publisher | : |
Total Pages | : 276 |
Release | : 1970 |
Genre | : Common law |
ISBN | : |
Download The Common Law in India Book in PDF, ePub and Kindle
Author | : International Association of Governmental Labor Officials |
Publisher | : |
Total Pages | : 408 |
Release | : 1920 |
Genre | : Factory inspection |
ISBN | : |
Download Proceedings of the Convention Book in PDF, ePub and Kindle
The first includes also proceedings of the 28th annual convention of the International Association of Factory Inspectors and the 30th annual convention of the International Association of Labor Commissioners. These two associations united at this convention to form the Association of Governmental Labor Officals of the United States and Canada.
Author | : Association of Governmental Labor Officials. Convention |
Publisher | : |
Total Pages | : 116 |
Release | : 1919 |
Genre | : Factory inspection |
ISBN | : |
Download Proceedings of the ... Annual Convention Book in PDF, ePub and Kindle
Author | : |
Publisher | : |
Total Pages | : 1576 |
Release | : 1995 |
Genre | : Discrimination in employment |
ISBN | : |
Download Employment Practices Decisions Book in PDF, ePub and Kindle
A full-text reporter of decisions rendered by Federal and State courts throughout the United States on Federal and State employment practices problems.
Author | : Frederick Pollock |
Publisher | : |
Total Pages | : 740 |
Release | : 1898 |
Genre | : Law |
ISBN | : |
Download The History of English Law Before the Time of Edward I Book in PDF, ePub and Kindle
Author | : International Association of Governmental Labor Officials. Convention |
Publisher | : |
Total Pages | : 116 |
Release | : 1919 |
Genre | : Factory inspection |
ISBN | : |
Download Labor Laws and Their Administration Book in PDF, ePub and Kindle