Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

Full Text

1,095 chars

The common law that the courts of the District of Columbia have developed over the years is that employment is at will unless a contract or a statute provides otherwise, or unless there is a “public policy” exception. This case does not alter that basic legal framework; it presents only the question whether Ms. Carl’s situation involves a proper public policy exception. I do not question the judicial power to “revis[e] and enlarg[e] the common law ... to meet the changes of a dynamic society,”5 and to look to prior decisions for guidance in recognizing and enforcing some policy that has already been established by the executive or legislative branch of the government. Indeed, judges throughout the land do exactly that on a daily basis. Where I disagree with some of my colleagues is over the suggestion that a judge or group of judges may create public policy and then enforce it. I am unwilling to accept the notion that a court can or should go that far, for policy-making is not part of the “usual judicial function.” Linkins, supra note 5, 87 U.S.App. D.C. at 355, 187 F.2d at 361.

Other Sections in This Document (617)

Full Text