scholarly journals The Role of Federal Courts in Changing State Law: The Employment at Will Doctrine in Pennsylvania

1984 ◽  
Vol 133 (1) ◽  
pp. 227
Author(s):  
Mark R. Kramer
Keyword(s):  
Federal Courts ◽  
State Law ◽  
Employment At Will ◽  
At Will

Probate and Domestic Relations Proceedings

2021 ◽  
pp. 61-72
Author(s):  
James E. Pfander
Keyword(s):  
Federal Courts ◽  
State Courts ◽  
State Law ◽  
Federal Law ◽  
Domestic Relations

This chapter examines the role of uncontested adjudication in probate and domestic relations proceedings. While state courts commonly issued constitutive decrees to recognize or create new legal relationships in these settings (to admit wills to probate or to confirm adoption of children), federal courts declined to hear uncontested proceedings to register or claim a right or title in these contexts. The federal courts lacked power to entertain uncontested applications for the issuance of constitutive decrees as to matters of state law. Such a finding lays the foundation for distinguishing between cases under federal law and controversies over state law, and helps explain the federal judicial reluctance to assert jurisdiction over matters of probate and domestic relations.

Unresolved Business: Federal Corporate Governance Enhancements

2018 ◽  
Author(s):  
Marc I. Steinberg
Keyword(s):  
Corporate Governance ◽  
Insider Trading ◽  
Securities And Exchange Commission ◽  
Federal Courts ◽  
Professional Conduct ◽  
State Law ◽  
Federal Law ◽  
Tender Offers ◽  
Federal Level ◽  
Federal Statute

This chapter analyzes and recommends federal corporate governance enhancements that should be implemented. These enhancements, which should be adopted in a measured and directed manner, are necessary to remediate certain deficiencies that currently exist. Consistent therewith, this chapter focuses on several important matters that merit attention, including the undue deference by federal courts to state law, the appropriate application of federal law to tactics undertaken in tender offers, the need for a federal statute encompassing insider trading, and the propriety of more vigorous oversight by the Securities and Exchange Commission (such as with respect to the “current” disclosure regime, the SEC’s Standards of Professional Conduct for Attorneys, and the Commission’s neglecting at times to invoke its statutory resources). Thus, the analysis set forth in this chapter identifies significant deficiencies that currently exist and recommends measures that should be implemented on the federal level to enhance corporate governance standards.

Employment-at-Will

2006 ◽  
Vol 25 (4) ◽  
pp. 306-309
Author(s):  
Jerry Kinard ◽  
Brian R. Kinard
Keyword(s):  
Employment At Will ◽  
At Will

Suing Media for Libel: A Litigation Study

1981 ◽  
Vol 6 (3) ◽  
pp. 797-831 ◽  
Author(s):  
Marc A. Franklin
Keyword(s):  
State Law ◽  
Federal Law ◽  
Federal Constitutional ◽  
Constitutional Protections ◽  
Recent Attention

This article summarizes the results of a study of 291 reported cases brought against media for libel during a four-year period. The results confirmed the finding in an earlier study that only 5 percent of plaintiffs emerged from the appellate process with judgments compared with more than 60 percent of defendants. Most of the defense successes occurred without trial. In cases that did reach trial, plaintiffs were successful far more often before juries than before judges but lost more than half these judgments on appeal. Cases were analyzed in terms of the identity of the parties, the content of the charges, and the role of state and federal law in shaping the outcome. Despite the recent attention to federal constitutional protections, it is clear that media defendants still do, and must, rely heavily on state law defenses. Finally, the Hutchinson and Wolston rulings of 1979 produced little change in appellate decisions.

Employment-at-Will or Just Cause:

1995 ◽  
Vol 19 (3) ◽  
pp. 45-57 ◽  
Author(s):  
Milton Tambor
Keyword(s):  
Employment At Will ◽  
Just Cause ◽  
At Will

scholarly journals Where There’s At-Will, There Are Many Ways: Redressing the Increasing Incoherence of Employment at Will

2005 ◽  
Vol 67 (2) ◽  
Author(s):  
Scott A. Moss
Keyword(s):  
Free Market ◽  
Common Law ◽  
State Courts ◽  
Free Enterprise ◽  
Employment At Will ◽  
Legal Remedy ◽  
The Will ◽  
The Common ◽  
At Will

Employment at will, the doctrine holding that employees have no legal remedy for unfair terminations because they hold their jobs at the will of the employer, has become mired in incoherence. State courts praise the common law rule as “essential to free enterprise” and “central to the free market,” but in recent years they increasingly have riddled the rule with exceptions, allowing employee claims for whistleblowing, fraud, etc. Yet states have neither rejected employment at will nor shown any consistency in recognizing exceptions. Strikingly, states cite the same rationales to adopt and reject opposite exceptions, as a case study of two states illustrates: One state accepts exception X to protect employees while rejecting exception Y to maintain employment at will; yet on the same rationales, the other accepts exception Y while rejecting X.

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