David W. Edgerly, Petitioner, v. Martin H. Kennelly et al.

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Language: English

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For the judges, the rules of pleading were the common law. The new century saw a profound change in the lives of women, as they joined the workforce in increasing numbers, led the movement for progressive social reform, and finally generated enough mass power to win the vote. But Fuller, unlike Finnis, believes that law is necessarily subject to a procedural morality. Those jurisdictions that have modified the traditional at-will rule appear to have been motivated by conclusions that the freedom of contract underpinnings of the rule have become outdated, that individual employees in the modern work force do not have the bargaining power to negotiate security for the jobs on which they have grown to rely, and that the rule yields harsh results for those employees who do not enjoy the benefits of express contractual limitations on the power of dismissal.

Pages: 24

Publisher: Gale, U.S. Supreme Court Records (October 28, 2011)

ISBN: 1270407724

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