Date of Publication:
Ciara Torres-Spelliscy, Could Connecticut Be the First to Get Serious about Shareholders Rights Post-Citizens United? (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
W. Scott Wright et al., Courting Independence: The Rise of Effective State Tax Courts and Tribunals, Tax Analysts: State Tax Notes 475 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ciara Torres-Spelliscy, Could the SEC Please Give Democracy a Hand? (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Ciara Torres-Spelliscy, Double Barrel Blast from Big Sky Country: Montana Rejects Citizens United (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Jason Bent, An Incentive-Based Approach to Regulating Workplace Chemicals, 73 Ohio St. L.J. 1389– (2012)Clicking on the button will copy the full recommended citation.
The United States’ system for regulating employee exposures to hazardous chemicals is broken. Absent regulation, the labor market fails to produce efficient levels of precaution against chemical exposures. Information asymmetries, long disease latency periods, and other characteristics of chemical exposures thwart the market’s ability to produce efficient risk/wage tradeoffs. These same characteristics permit employers and chemical manufacturers to externalize the costs of injuries caused by chemical exposures. The current U.S. regulatory system, including a combination of OSHA regulations and state workers’ compensation programs, is not correcting the labor market’s failure. The result is a level of workplace chemical exposure risk that is systematically too high, and a level of precaution that is systematically too low. The reforms proposed in the literature to date do not harness the financial incentives of the least-cost information providers and least-cost risk avoiders: chemical manufacturers and employers. This Article takes the search for a solution in a new direction by using state workers’ compensation laws to capitalize on the incentives of chemical manufacturers and employers. The Article argues that state workers’ compensation laws should be amended in two ways: (1) shift the default burden of proof on causation to the respondents, but only in cases where there is no applicable OSHA exposure limit, and (2) allow employers to include chemical manufacturers as respondents in workers’ compensation proceedings for purposes of apportioning liability. These amendments could be implemented by convening a new National Commission on State Workers’ Compensation Laws. The result would be a new push for OSHA chemical exposure limits by chemical manufacturers and employers – the entities in the best position to provide the toxicity and precaution information necessary to support OSHA regulations.
Date of Publication:
Paul Boudreaux, The Impact Xat: A New Approach to Charging for Growth, 43 U. Mem. L. Rev. 35 (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Peter J. Henning et al., Mastering Criminal Procedure, Volume 2: The Adjudicatory Stage (1st ed., Carolina Academic Press, 2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kirsten K. Davis, My Legal Writing Coach™: Memos (2012/2013) (available on IPad (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Cynthia Hawkins DeBose, Post-Adoption Services Utilization Among African American Transracial and White American Parents: Counseling and Legal Implications, 20 Fam. J. 392– (2012)Clicking on the button will copy the full recommended citation.
Date of Publication:
Kelly Feeley, Hiring Sexters to Teach Children: Creating Predictable and Flexible Standards for Negligent Hiring in Schools, 42 New Mexico L. Rev. 83 (2012)Clicking on the button will copy the full recommended citation.