Download or read book Federalism and Labour Law written by O. Vanachter and published by Intersentia nv. This book was released on 2004 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this publication is to explore the impact of a federal state structure on labour law in selected legal systems that cut across the traditional divide of civil law and common law. Contributions included in this book range from Australia to Belgium, Canada, the United States of America, and the European Union. All have been selected because they offer unique perspectives on federalism and labour law. Some of the issues addressed in this book are very basic ones, in that they concern the core division of responsibilities between the different levels of decision making both generally and, more specifically, in matters of labour and employment regulation. Particularly interesting in this regard is the question as to whether there has been any evolution over time as for what is considered to be the most appropriate level for regulating labour matters. To avoid a purely descriptive survey, the contributors to the book were urged to critically reflect upon the desirability of the state of affairs in their respective legal systems. The net result makes for a fascinating collection of essays.
Download or read book Federalism and Labour Market Policy written by Alain Noël and published by IIGR, Queen's University. This book was released on 2004 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though these countries vary significantly in both their federal institutions and labour market policies, they all seek to define a relatively coherent approach for federal and sub-unit governments in a policy field where collaboration and coordination appear unavoidable. In some cases, such as Germany, collaboration is highly developed and policies are ambitious and integrated; in others, such as Switzerland, diversity and decentralization are privileged and policies remain fragmented. Finally, there are countries such as the United States that do not grant much importance to labour market policies. these five federations and so help us understand how political institutions and public policies are inter-related. Federalism and labour market policies certainly influence each other, but there is no simple relationship between them. Comparing different governance and employment strategies is nevertheless very instructive because it shows the range of approaches and policies that are possible in federal countries.
Download or read book Divided Unions written by Alexis N. Walker and published by University of Pennsylvania Press. This book was released on 2019-12-13 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative history of public and private sector unions from the Wagner Act of 1935 until today The 2011 battle in Wisconsin over public sector employees' collective bargaining rights occasioned the largest protests in the state since the Vietnam War. Protestors occupied the state capitol building for days and staged massive rallies in downtown Madison, receiving international news coverage. Despite an unprecedented effort to oppose Governor Scott Walker's bill, Act 10 was signed into law on March 11, 2011, stripping public sector employees of many of their collective bargaining rights and hobbling government unions in Wisconsin. By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over eighty years ago with the passage of the Wagner Act in 1935. Although explicitly about government unions, Walker's book argues that the fates of public and private sector unions are inextricably linked. She contends that the exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, firmly situated private sector law at the national level, while relegating public sector employees' efforts to gain collective bargaining rights to the state and local levels. She shows how private sector unions benefited tremendously from the national-level protections in the law while, in contrast, public sector employees' efforts progressed slowly, were limited to union-friendly states, and the collective bargaining rights that they finally did obtain were highly unequal and vulnerable to retrenchment. As a result, public and private sector unions peaked at different times, preventing a large, unified labor movement. The legacy of the Wagner Act, according to Walker, is that labor remains geographically concentrated, divided by sector, and hobbled in its efforts to represent working Americans politically in today's era of rising economic inequality.
Download or read book International Legal Aspects of Federalism written by Ivan Bernier and published by London : Longman. This book was released on 1973 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Divided Unions written by Alexis N. Walker and published by University of Pennsylvania Press. This book was released on 2020-01-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2011 battle in Wisconsin over public sector employees' collective bargaining rights occasioned the largest protests in the state since the Vietnam War. Protestors occupied the state capitol building for days and staged massive rallies in downtown Madison, receiving international news coverage. Despite an unprecedented effort to oppose Governor Scott Walker's bill, Act 10 was signed into law on March 11, 2011, stripping public sector employees of many of their collective bargaining rights and hobbling government unions in Wisconsin. By situating the events of 2011 within the larger history of public sector unionism, Alexis N. Walker demonstrates how the passage of Act 10 in Wisconsin was not an exceptional moment, but rather the culmination of events that began over eighty years ago with the passage of the Wagner Act in 1935. Although explicitly about government unions, Walker's book argues that the fates of public and private sector unions are inextricably linked. She contends that the exclusion of public sector employees from the foundation of private sector labor law, the Wagner Act, firmly situated private sector law at the national level, while relegating public sector employees' efforts to gain collective bargaining rights to the state and local levels. She shows how private sector unions benefited tremendously from the national-level protections in the law while, in contrast, public sector employees' efforts progressed slowly, were limited to union friendly states, and the collective bargaining rights that they finally did obtain were highly unequal and vulnerable to retrenchment. As a result, public and private sector unions peaked at different times, preventing a large, unified labor movement. The legacy of the Wagner Act, according to Walker, is that labor remains geographically concentrated, divided by sector, and hobbled in its efforts to represent working Americans politically in today's era of rising economic inequality.
Download or read book Federalism in the Law of Labor Relations written by Archibald Cox and published by . This book was released on 1954 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Law and Economics of Federalism written by Jonathan Klick and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique volume takes a primarily empirical perspective on the law and economics of federalism. Using cross jurisdiction variation, the specially commissioned chapters examine the effects of various state experiments in areas such as crime, welfare, consumer protection, and a host of other areas. Although legal scholars have talked about states as laboratories for decades, rarely has the law and economics literature treated the topic of federalism empirically in such a systematic and useful way.
Download or read book Hamiltonian Federalism and the Jurisprudence of Contemporary Labor and Employment Law written by David L. Gregory and published by . This book was released on 1987 with total page 1350 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federalism written by Janice C. Griffith and published by . This book was released on 1989 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Labour Law and Industrial Relations in Japan written by Tadashi Hanami and published by Kluwer Law International. This book was released on 1979 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a thorough understanding of labour law in Switzerland two characteristics of the Swiss political system must be mentioned: federalism & direct democracy. The division of powers between the federal state & the cantons, the latter of which have generally had the most influence with respect to labour law & other law areas until quite recently. This has resulted in situations in which the distribution of powers between the federal government & the cantonal governments was unclear. Fortunately this state of affairs has improved the last couple of years with the extension of federal powers in the sphere of labour law. Besides federalism the system of direct democracy has had a delaying influence on the development of labour law in Switzerland. Public opinion, generally not a very progressive force in Switzerland, is strongly influenced by pressure groups & citizens opposing popular reforms. As a result the popular vote has been an important delaying factor in the evolvement of new laws & regulations in the area of social & labour law. These two hindering factors should be kept in mind when reading Berenstein's Labour Law in Switzerland in which the past & current situation of labour law in Switzerland is described covering basic themes such as working time, incapacity to work, termination of contract, protection of young persons & women, collective bargaining, trade union freedom & the settlement of industrial disputes by arbitration or conciliation.
Download or read book Emergency Employment written by Howard W. Hallman and published by . This book was released on 1976 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Workplace Federalism written by Jeffrey M. Hirsch and published by . This book was released on 2009 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a decision from the last term, the Supreme Court held that a state law prohibiting the use of state funds by employers for both anti- and pro-union advocacy was preempted by federal law. The Brown decision sparks this debate between Professors Paul M. Secunda and Jeffrey M. Hirsch, as to whether the federal government or the states are best equipped to protect the rights of workers under the law.Professor Secunda argues that federal regulation enacted to protect workers in the workplace has suffered from lack of enforcement and political bias. Thus, because quot;the federal government... has proven unwilling and unable to protect the basic rights of workers,quot; he maintains that quot;state law should be permitted to play a complementary role in all of the areas of workplace regulation where federal law is silent or absent.quot; Individual states, then, could act as quot;laboratoriesquot; that could quot;engage in thoughtful, legislative experimentation.quot; Finding the idea of an exclusive federal scheme likely to result in quot;self-selection bias and inefficient prioritization of agency resources,quot; he concludes that needed regulation may only be available to the states.Professor Hirsch counters that Professor Secunda's proposal would exacerbate the problems with the current underenforcement of workers' rights, which at least partly results from the complexity created by a regulatory framework made up of federal, state, and local law. As a solution, Hirsch proposes that the federal government should be given exclusive control of the workplace, under a single system of enforcement and regulation. His suggested changes include a single workplace law statute, a single agency to administer that statute, and a litigation-based enforcement approach that includes the creation of private-rights of action for violations and the creation of a specialized Article III labor and employment court. Thus, while conceding that quot;the federal government's regulation of the workplace has been far from perfect,quot; he argues that quot;it is a far better choice than fifty different state regimes.quot.
Download or read book Federalism written by Mark J. Rozell and published by Oxford University Press, USA. This book was released on 2019-11-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.
Download or read book Labour Law and Industrial Relations in Japan written by Tadashi Hanami and published by Springer. This book was released on 1979 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a thorough understanding of labour law in Switzerland two characteristics of the Swiss political system must be mentioned: federalism & direct democracy. The division of powers between the federal state & the cantons, the latter of which have generally had the most influence with respect to labour law & other law areas until quite recently. This has resulted in situations in which the distribution of powers between the federal government & the cantonal governments was unclear. Fortunately this state of affairs has improved the last couple of years with the extension of federal powers in the sphere of labour law. Besides federalism the system of direct democracy has had a delaying influence on the development of labour law in Switzerland. Public opinion, generally not a very progressive force in Switzerland, is strongly influenced by pressure groups & citizens opposing popular reforms. As a result the popular vote has been an important delaying factor in the evolvement of new laws & regulations in the area of social & labour law. These two hindering factors should be kept in mind when reading Berenstein's Labour Law in Switzerland in which the past & current situation of labour law in Switzerland is described covering basic themes such as working time, incapacity to work, termination of contract, protection of young persons & women, collective bargaining, trade union freedom & the settlement of industrial disputes by arbitration or conciliation.
Download or read book Making Federalism Work written by James L. Sundquist and published by . This book was released on 1969 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law Federal governmental powers and federalism written by James Carl Foster and published by . This book was released on 1998 with total page 980 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book presents the inner workings of American constitutional law within the framework of the social, legal, and political contexts from which the cases arose. It addresses the implications of each case on the political system and its effect on the relationship between the Court and the other two branches of government. The book traces each case from the time it is filed to its appearance on the Court's docket, explains the reasoning of the lower court and demonstrates the climate of legal opinion in which the case is presented before the Court. The book includes highlights of Supreme Court arguments with summaries of legal theories offered to the Justices and original source material that show how ideas, thought processes, language, and debate develop into constitutional doctrine. A valuable reference book for anyone who needs a greater understanding of the effect of Supreme Court decisions on our political system.
Download or read book Federalism and the Making of America written by David Brian Robertson and published by Routledge. This book was released on 2013-03-01 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though Americans rarely appreciate it, federalism has profoundly shaped their nation’s past, present, and future. Federalism—the division of government authority between the national government and the states—affects the prosperity, security, and daily life of every American. In this nuanced and comprehensive overview, David Brian Robertson shows that past choices shape present circumstances, and that a deep understanding of American government, public policy, political processes, and society requires an understanding of the key steps in federalism’s evolution in American history. The most spectacular political conflicts in American history have been fought on the battlefield of federalism, including states’ rights to leave the union, government power to regulate business, and responses to the problems of race, poverty, pollution, abortion, and gay rights. Federalism helped fragment American politics, encourage innovation, foster the American market economy, and place hurdles in the way of efforts to mitigate the consequences of economic change. Federalism helped construct the path of American political development. Federalism and the Making of America is a sorely needed text that treats the politics of federalism systematically and accessibly, making it indispensible to all students and scholars of American politics. Chosen as one of Choice's Outstanding Academic Titles for 2012.
