The White Model is a method used to determine if a union member’s state-law claim against their employer is barred by federal law. It examines whether state law permits the claim to be waived through a private contract. If the claim can be waived, it is considered negotiable and is barred by federal law. If the claim cannot be waived, it is referred to as nonnegotiable and is only barred by federal law if it requires interpretation of the collective-bargaining agreement. The White Model is named after the individual who discussed it in a law-review article.
The White Model is a labor law method that assesses whether a union member’s state-law claim against their employer is overridden by federal law. It accomplishes this by examining whether state law permits the claim to be waived through a private contract. For instance, if a union member has a state-law retaliatory-discharge claim against their employer, the White Model would scrutinize whether state law allows this claim to be waived through a private contract. If it does, then the claim is considered negotiable and is thus overridden by federal law. However, if it cannot be waived through a private contract, then the claim is considered nonnegotiable and may not be overridden by federal law unless its resolution necessitates an interpretation of the collective-bargaining agreement. The White Model is named after Rebecca Homer White, who proposed it in a law-review article in 1990. In summary, the White Model is utilised to determine whether a state-law claim can be pursued against an employer without violating federal law.
The White Model refers to a mathematical model used in legal analysis to determine the probability of guilt or innocence in criminal cases.
The White Model uses statistical analysis and data to assess the likelihood of a defendant’s guilt based on various factors such as evidence, witness testimony, and prior convictions.
The admissibility of the White Model as evidence in court depends on the jurisdiction and the specific circumstances of the case. Some courts may accept it as a valid tool for assessing probabilities, while others may require additional expert testimony to support its use.
While the White Model is primarily used in criminal cases, it may also be applicable in certain civil cases where the determination of probabilities is relevant, such as in personal injury or product liability cases.
Yes, the defence has the right to challenge the White Model’s methodology, assumptions, or the data used to support its conclusions. They can present their own expert witnesses or evidence to contest its validity.
Like any statistical model, the White Model has limitations. It relies on the accuracy and reliability of the data inputted, and it may not account for all relevant factors or variables in a case. It is important to consider its limitations when interpreting its results.
In most cases, the White Model alone cannot be used as the sole basis for a conviction. It is typically used as a tool to assist the judge or jury in assessing the strength of the evidence and determining guilt or innocence.
Yes, the White Model can be used to assess the probability of innocence as well. It can help demonstrate the lack of evidence or inconsistencies in the prosecution’s case, potentially leading to a finding of innocence.
The White Model can be used by both prosecutors and defence attorneys, as well as by judges and juries. Its purpose is to provide an objective assessment of the evidence and assist in the decision-making process.
Yes, there are alternative models and methodologies used in legal analysis, such as Bayesian networks or decision trees. The choice of model may depend on the specific circumstances of the case and the preferences of the legal professionals involved.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/white-model/
- Modern Language Association (MLA):White Model. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/white-model/.
- Chicago Manual of Style (CMS):White Model. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/white-model/ (accessed: May 09 2024).
- American Psychological Association (APA):White Model. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/white-model/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts