Latest Case: State v. Holler (Civil Rights)

Joint Employer Liability: Notes from Australia

SAMUEL ESTREICHER, NICHOLAS SAADY

NYU law professor Samuel Estreicher and Nicholas Saady, LLM, conduct a comparative analysis of the doctrine of joint employer liability, looking at the rules adopted by the U.S. Department of Labor and National Labor Relations Board as compared to the approach Australia has taken in an analogous context, “accessorial liability” doctrine.

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State v. Holler

Citation: 2020 S.D. 28

Opinion Date: May 20, 2020

Judge: David Gilbertson

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed Defendant's sentence of eighty years imprisonment with forty years suspended for first-degree manslaughter, holding that the sentence was not grossly disproportionate to the offense and did not violate the Eighth Amendment. Specifically, the Supreme Court held (1) Defendant's sentence was not grossly disproportionate to the offense of first-degree manslaughter under the Eighth Amendment; (2) at sentencing, the circuit court properly examined the events surrounding the offense, Defendant's character and history, and Defendant's rehabilitation prospects; and (3) the circuit court did not abuse its discretion in crafting the sentence.