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You Can't Always Get What You Want: Organizing Matrimonial Interviews to Get What You Need
| Content Provider | Semantic Scholar |
|---|---|
| Author | Peters, Don |
| Copyright Year | 1990 |
| Abstract | general economic model. The court then assumed, as any strict formalist would, that the general model inevitably generated a particular conclusion. Profit-maximizing employers will not fire employees for irrational (unfair) motives; therefore, tort remedies are not required to protect workers. There are, of course, several criticisms that can be offered 171. Id. at 694, 254 Cal. Rptr. at 235. In a footnote, the court added that legislatures "have the ability to gather empirical evidence, solicit the advice of experts, and hold hearings at which all interested parties may present evidence and express their views Id. at 694, n.31, 254 Cal. Rptr. at 235. 172. "[W]hen an insurer in bad faith refuses to pay a claim or to accept a policy offer within settlement limits ... the insured cannot turn to the marketplace to find another insurance company willing to pay for the loss already incurred." Id. at 692, 254 Cal. Rptr. at 234. 173. Id. at 693, 254 Cal. Rptr. at 234. [Vol. 26 30 California Western Law Review, Vol. 26 [1989], No. 1, Art. 3 http://scholarlycommons.law.cwsl.edu/cwlr/vol26/iss1/3 WRONGFUL DISCHARGE TORT LAW against this argument: not all employers act rationally and not all employees can readily find jobs elsewhere. This is not to suggest that Lucas' opinion, on this point, is "wrong." What the opinion does suggest is that, on this issue, the court essentially relied on a typically formal method of reasoning. The general rule (or model) was the significant consideration, not the social outcome |
| Starting Page | 3 |
| Ending Page | 3 |
| Page Count | 1 |
| File Format | PDF HTM / HTML |
| Volume Number | 26 |
| Alternate Webpage(s) | https://scholarlycommons.law.cwsl.edu/cgi/viewcontent.cgi?article=1429&context=cwlr |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
