What Should The Proposed Restatement Of Employment Law Say About Remedies

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What Should the Proposed Restatement of Employment Law Say About Remedies?

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Author : Alan Hyde
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

Book Synopsis What Should the Proposed Restatement of Employment Law Say About Remedies? by : Alan Hyde

Download or read book What Should the Proposed Restatement of Employment Law Say About Remedies? written by Alan Hyde and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment termination in breach of contract is normally remedied by anticipated earnings from the lost job, mitigated by any amounts that the victim actually earned, or could with reasonable effort have earned, from alternative employment. Traditionally neither consequential nor punitive damages are available. The assumption is that most people who lose jobs unlawfully manage quickly to find alternative employment and suffer no long-lasting harm. Recent economic and epidemiological research explodes this assumption. Workers who lose jobs experience health problems (stroke, heart disease, depression, tobacco use), increased mortality, and continuing economic losses, long after the period of unemployment. Moreover, that period of unemployment after job loss lasts much longer than it used to. The Restatement should not freeze existing remedies, but should permit common law remedies to evolve to resemble statutory remedies under the Civil Rights Act of 1991, for example by expanding the covenant of good faith and fair dealing.

Restating Employment Remedies

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Author : Charles A. Sullivan
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (13 download)

Book Synopsis Restating Employment Remedies by : Charles A. Sullivan

Download or read book Restating Employment Remedies written by Charles A. Sullivan and published by . This book was released on 2015 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: As far as Remedies is concerned, the new Restatement of Employment Law is very much a mixed bag. Perhaps the most obvious conclusion is one we did not need a Restatement to know: the law's remedial scheme generally favors employers although this may largely stem from the reality that most employees are judgment proof or at least not worth pursuing for whatever money might be collected. That is, this may largely explain the law's slant towards injunctive relief for employers. As for enhanced monetary remedies against faithless servants, the explanation is probably more historical than logical, stemming from an ill-defined “fiduciary” notion that transitioned from trust law through various confidential relationships into what we now know as employment law.The new Restatement, however, does not often tilt the playing field further towards employers and sometimes makes modest efforts to level it. Its disapproval of the inevitable-disclosure rule comes to mind. Further, some of its innovations -- a new test for modifying overbroadly restrictive covenants -- might be of some utility in this regard. Nevertheless, other policy choices -- the adoption of the lowered-sights doctrine for mitigation efforts and the rejection of reinstatement for employees discharged in violation of public policy -- seem very dubious. As for its reformulation of the rules about enforcing restrictive covenants, the blackletter might or might not do some good in curtailing the unconsidered spread of such covenants. Finally, Employment Law failed to address issues of potential importance where it could have made some improvements or at least offered useful guidance.

Restatement of the Law Third, Employment Law

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Author : American Law Institute
Publisher :
ISBN 13 :
Total Pages : 212 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Restatement of the Law Third, Employment Law by : American Law Institute

Download or read book Restatement of the Law Third, Employment Law written by American Law Institute and published by . This book was released on 2008 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Restatement of the Law, Third

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Author : American Law Institute
Publisher :
ISBN 13 :
Total Pages : 122 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Restatement of the Law, Third by : American Law Institute

Download or read book Restatement of the Law, Third written by American Law Institute and published by . This book was released on 2006 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Liquidated Damages and Penalties

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Author :
Publisher :
ISBN 13 : 9780724167296
Total Pages : 20 pages
Book Rating : 4.1/5 (672 download)

Book Synopsis Liquidated Damages and Penalties by :

Download or read book Liquidated Damages and Penalties written by and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commercial Remedies: Resolving Controversies

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Author : Graham Virgo
Publisher : Cambridge University Press
ISBN 13 : 1316764559
Total Pages : 625 pages
Book Rating : 4.3/5 (167 download)

Book Synopsis Commercial Remedies: Resolving Controversies by : Graham Virgo

Download or read book Commercial Remedies: Resolving Controversies written by Graham Virgo and published by Cambridge University Press. This book was released on 2017-08-24 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.

American Law Institute

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Author :
Publisher :
ISBN 13 :
Total Pages : 888 pages
Book Rating : 4.:/5 (51 download)

Book Synopsis American Law Institute by :

Download or read book American Law Institute written by and published by . This book was released on 1935 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Practice and Remedies Code

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Author : Texas
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (137 download)

Book Synopsis Civil Practice and Remedies Code by : Texas

Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Remedies for Breach of Contract

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Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0191074411
Total Pages : 531 pages
Book Rating : 4.1/5 (91 download)

Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Overview of the Privacy Act of 1974

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Author : United States. Department of Justice. Privacy and Civil Liberties Office
Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.3/5 (91 download)

Book Synopsis Overview of the Privacy Act of 1974 by : United States. Department of Justice. Privacy and Civil Liberties Office

Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.

Law of Remedies

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Author : Dan B. Dobbs
Publisher :
ISBN 13 :
Total Pages : 1146 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Law of Remedies by : Dan B. Dobbs

Download or read book Law of Remedies written by Dan B. Dobbs and published by . This book was released on 1993 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed. of : Handbook on the law of remedies. 1973.

Practice Under Article 9 of the UCC

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Author : Stephen L. Sepinuck
Publisher : American Bar Association
ISBN 13 : 9781614388456
Total Pages : 0 pages
Book Rating : 4.3/5 (884 download)

Book Synopsis Practice Under Article 9 of the UCC by : Stephen L. Sepinuck

Download or read book Practice Under Article 9 of the UCC written by Stephen L. Sepinuck and published by American Bar Association. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This resource is a comprehensive guide for lawyers facilitating secured transactions. The Second Edition includes: - Articles in simple, clear language describing all of revised Article 9. - 12+ charts that provide vital guidance to practitioners. - The full text and commentary of revised Articles 1 and 9 - Selected PEB Commentaries that remain relevant to the interpretation of Article 9 - Index to Article 9

Model Rules of Professional Conduct

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Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Employment Law

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Author : Timothy P. Glynn
Publisher : Aspen Publishing
ISBN 13 : 1543810616
Total Pages : 1456 pages
Book Rating : 4.5/5 (438 download)

Book Synopsis Employment Law by : Timothy P. Glynn

Download or read book Employment Law written by Timothy P. Glynn and published by Aspen Publishing. This book was released on 2019-02-01 with total page 1456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Employment Law: Private Ordering and Its Limitations, Fourth Edition is organized around the rights and duties that flow between parties in an employment relationship. Through cases, detailed discussion of the facts, and accessible notes and questions, this book examines the laws that are intended to balance the competing interests and contractual obligations between employer and employee. The note materials also encourage students to think critically and creatively about how best to protect the interests of workers or employers. Practitioner exercises in planning, drafting, advising, and negotiating develop transactional lawyering skills. New to the Fourth Edition: Important Supreme Court and lower court cases in key areas including the scope of “employment,” whistleblower and anti-retaliation protections, anti-discrimination laws, disability and other accommodations, noncompetition agreements, and mandatory arbitration clauses Addition of cases and note materials on hot topics including employment protections in the gig economy, workplace speech protections in a time of deep social and political conflict, the workplace implications of AI and other technologies, emergent privacy and cyber security issues, and innovations in accommodating workers’ lives Updated problems and exercises Streamlined case and note editing Professors and students will benefit from: Comprehensive and deep coverage of key areas of workplace regulation Practical exercises in each chapter Note materials designed to provide both context and knowledge of emergent legal and social science scholarship Thematic consistency across chapters providing a unifying framework for the discussion of disparate topic areas

Corbin on Contracts

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Author : Arthur Linton Corbin
Publisher :
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.F/5 ( download)

Book Synopsis Corbin on Contracts by : Arthur Linton Corbin

Download or read book Corbin on Contracts written by Arthur Linton Corbin and published by . This book was released on 1993 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Employment Law

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Author : Lori B. Rassas
Publisher : Aspen Publishing
ISBN 13 : 1543858686
Total Pages : 684 pages
Book Rating : 4.5/5 (438 download)

Book Synopsis Employment Law by : Lori B. Rassas

Download or read book Employment Law written by Lori B. Rassas and published by Aspen Publishing. This book was released on 2022-09-14 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Text for undergraduate, graduate, human resources, and paralegal courses on employment law"--

The American Law of Torts

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Author : Stuart M. Speiser
Publisher :
ISBN 13 :
Total Pages : 1190 pages
Book Rating : 4.F/5 ( download)

Book Synopsis The American Law of Torts by : Stuart M. Speiser

Download or read book The American Law of Torts written by Stuart M. Speiser and published by . This book was released on 2008 with total page 1190 pages. Available in PDF, EPUB and Kindle. Book excerpt: