Search Results for: BALANCING TEST

balancing test

balancing test. A judicial doctrine, used esp. in constitutional law, whereby a court measures competing interests — as between individual rights and governmental powers, or between state authority and federal supremacy — and decides which interest should prevail.

balancing test Read More »

Hand formula

A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed by the

Hand formula Read More »

offensive lockout

A lockout called by management to assert economic pressure on workers and thereby gain a bargaining advantage over a union. • Offensive lockouts were illegal before the U.S. Supreme Court abolished the legal distinction between offensive and defensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85

offensive lockout Read More »

hand formula

Hand formula. A balancing test for determining whether conduct has created an unreasonable risk of harm, first formulated by Judge Learned Hand in United States v. Carroll Towing Co., 159 F.2d 169 (2d Cir. 1947). • Under this test, an actor is negligent if the burden of taking adequate precautions against the harm is outweighed

hand formula Read More »

defensive lockout

A lockout that is called to prevent imminent and irreparable financial harm to the company or to protect a legal right. • Defensive lockouts were legal, but the U.S. Supreme Court abolished the distinction between defensive and offensive lockouts in favor of a balancing test. American Ship Bldg. Co. v. NLRB, 380 U.S. 300, 85

defensive lockout Read More »

privacy

privacy. The condition or state of being free from public attention to intrusion into or interference with one’s acts or decisions. autonomy privacy. An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental,

privacy Read More »

autonomy privacy

An individual’s right to control his or her personal activities or intimate personal decisions without outside interference, observation, or intrusion. • If the individual’s interest in an activity or decision is fundamental, the state must show a compelling public interest before the private interest can be overcome. If the individual’s interest is acknowledged to be

autonomy privacy Read More »

Scroll to Top