Common Law System, Employment-at-Will, and Hazing

Midterm Assignment
Your Name
Subject and Section
Professor’s Name
April 6, 2023
1 Question 1
The common law system is where judges establish and develop legal principles through court decisions, rather than through statutory laws created by legislative bodies. This means that legal changes occur gradually and incrementally, as opposed to being made through sweeping legislative reform. The doctrine of stare decisis is a critical component of the common law system, and it stipulates that courts must follow precedents when making decisions (Cooper, 1987). This means that when a court is deciding a case, it will look to previous cases that are similar to determine what the law is.
Because the common law system relies on judicial decisions to establish legal principles, law changes can be slow. For a change to occur, a case must be brought before a court, and a decision must be made. This decision then becomes a precedent for future cases. This process can take years or even decades and is one way the common law system facilitates slow legal change. However, it also ensures that legal principles are well-established and thoroughly tested before they are applied in future cases.
The slow pace of legal change in the common law system has both advantages and disadvantages. On the one hand, it allows for a certain level of stability and predictability in the law (Llewellyn, 2016). On the other hand, it can make it difficult to respond quickly to new and pressing legal issues. Ultimately, the common law system strikes a balance between stability and flexibility and provides a framework for legal development that is both gradual and deliberate.
References:
Cooper, C. J. (1987). Stare decisis: precedent and principle in constitutional adjudication. Cornell L. Rev., 73, 401.
Llewellyn, K. N. (2016). The common law tradition: deciding appeals (Vol. 16). Quid Pro Books.
2 Question 2
The concept of employment at will is a legal doctrine that allows an employer to terminate an employee for any reason, provided it is not an illegal reason, such as discrimination based on race, gender, or disability. However, a few exceptions to this doctrine limit an employer's right to fire an employee. One exception is based on contract law, where an employment contract may specify that an employee can only be terminated for cause (Autor, 2003). This means that an employer must have a valid reason, such as poor performance, for terminating an employee. Another exception is based on public policy, which restricts an employer from terminating an employee for reasons that violate public policy, such as retaliating against an employee who reports safety violations (Johnson et al., 2022).
The employment-at-will rule puts too much power in the hands of employers and does not provide adequate protection to employees. While there are exceptions to this rule, they are limited and difficult to prove. The public policy exception, in particular, could be more specific and challenging to apply. This can make it challenging for employees to seek justice and...