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To: Modernman

Modernman wrote:

Why use "caselaw"? --- Because that's what we do in a common law system. You are advocating a novel legal position- you are claiming that exercising one's right to regulate whether firearms come onto one's property violates public policy.

Other than your opinion, what legal basis do you have for this claim?






spunkets wrote:

Henry Perritt Jr., one of this country's foremost scholars on labor and employment law, advocates a comprehensive test for analyzing wrongful discharge claims involving violations of public policy. Perritt proposes four elements of a public policy tort case:

(1) The plaintiffs must prove the existence of a clear public policy (the clarity element). Henry H. Perritt Jr., Workplace Torts: Rights and Liabilities § 3.7 (1991) (hereinafter Perritt).

(2) The plaintiffs must prove that discouraging the conduct in which they engaged would jeopardize the public policy (the jeopardy element). Perritt § 3.14.

(3) The plaintiffs must prove that the public-policy-linked conduct caused the dismissal (the causation element). Perritt § 3.19.

(4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element). Perritt § 3.21. See also Collins v. Rizkana, 73 Ohio St.3d 65, 69-70, 652 N.E.2d 653 (1995) (adopting Perritt's four element test).


708 posted on 12/15/2004 8:48:14 AM PST by jonestown ( JONESTOWN, TX http://www.tsha.utexas.edu/handbook/online/articles)
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To: jonestown

It's an interesting case, but I don't see any support in there for the idea that public policy requires me to let you bring firearms onto my property.


716 posted on 12/15/2004 9:05:57 AM PST by Modernman (Beer is proof that God loves us and wants us to be happy. --Benjamin Franklin)
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