Download or read book Rethinking the Tripartite Division of American Work Law written by Richard Michael Fischl and published by . This book was released on 2007 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: The holy trinity of American work law - employment discrimination, labor law, and employment law - has governed the American workplace for over four decades and is also firmly entrenched in the curricula of most law schools. But the discrete lenses provided by the conventional trinity make it difficult to bring into focus two distinct but related dimensions of the accelerating integration of American work law. Thus, we are on the one hand experiencing an accelerating doctrinal integration of our field, as the settings in which nominally out of area law plays a significant governance role are rapidly proliferating. At the same time, we are increasingly confronting a functional integration of work law, a development evident in the cross-migration of employment discrimination law and labor law, as the institutions central to each field - discrimination litigation and labor unions respectively - have increasingly assumed functions traditionally played by the other. Functional integration is apparent as well in the increasingly robust role of employment law in both employment discrimination and labor law contexts.Against the backdrop of these developments, our continued embrace of the conventional subject-matter division reflects and reinforces an increasingly false opposition between legal strategies that rely on workplace organizing and collective action (on the one hand) and those that rely on litigation and related institutional practices (on the other). More fundamentally, the conventional division reflects and reinforces an increasingly false opposition between the struggle for workplace democracy and the struggle for racial, gender, and other forms of justice in the workplace and beyond.
Download or read book Invisible Hands Invisible Objectives written by Stephen F. Befort and published by Stanford University Press. This book was released on 2009-06-01 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The global financial crisis and recession have placed great strains on the free market ideology that has emphasized economic objectives and unregulated markets. The balance of economic and noneconomic goals is under the microscope in every sector of the economy. It is time to re-think the objectives of the employment relationship and the underlying assumptions of how that relationship operates. Invisible Hands, Invisible Objectives develops a fresh, holistic framework to fundamentally reexamine U.S. workplace regulation. A new scorecard for workplace law and public policy that embraces equity and voice for employees and economic efficiency will reveals significant deficiencies in our current practices. To create one, the authors—a legal scholar and an economics and industrial relations scholar—blend their expertise to propose a comprehensive set of reforms, tackling such issues as regulatory enforcement, portable employee benefits, training programs, living wages, workplace safety and health, work-family balance, security and social safety nets, nondiscrimination, good-cause dismissal, balanced income distributions, free speech protections for employees, individual and collective workplace decision-making, and labor unions. Invisible Hands, Invisible Objectives is not just another book that sketches a reform agenda. The book provides the much-needed rubric for how we think about employment policy specifically, but also economic policy more generally. It is a must-read in these most critical times.
Download or read book Yale Law Journal Volume 123 Number 3 December 2013 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2013-12-18 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The December issue of The Yale Law Journal (the third of Volume 123, academic year 2013-2014) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include: * Article, "The Interpretation-Construction Distinction in Patent Law," by Tun-Jen Chiang & Lawrence B. Solum * Article, "Agencies as Litigation Gatekeepers," by David Freeman Engstrom * Essay,"Tops, Bottoms, and Versatiles: What Straight Views of Penetrative Preferences Could Mean for Sexuality Claims Under Price Waterhouse," by Ian Ayres & Richard Luedeman * Review, "Why Protect Religious Freedom?," by Michael W. McConnell * Note, "The Case for Tax: A Comparative Approach to Innovation Policy," by Shaun P. Mahaffy Quality ebook formatting includes fully linked footnotes, active Table of Contents (including linked Contents for individual articles), active URLs in notes, and properly presented tables and graphs throughout.
Download or read book Harvard Law Review Volume 128 Number 2 December 2014 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2014-12-10 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Number 2 include: • Article, “The (Non)Finality of Supreme Court Opinions,” by Richard J. Lazarus • Book Review, “The Laws of Capitalism,” by David Singh Grewal • Note, “Citizens United at Work: How the Landmark Decision Legalized Political Coercion in the Workplace” • Note, “Data Mining, Dog Sniffs, and the Fourth Amendment” • Note, “Nonbinding Bondage” The issue includes In Memoriam contributions about the life, scholarship, and teaching of John H. Mansfield. The contributors are Anthony D'Amato, Robert W. Gordon, Martha Minow, Frederick Schauer, and James A. Sonne. In addition, the issue features student commentary on Recent Cases and policy papers, including such subjects as internet law and privacy, Fourth Amendment right to deletion, state action and credit card fees, antitrust law and foreign trade, applicability of Seventh Amendment to states and commonwealths, free speech and tour guide licensing in D.C., labor law and sexual harassment claims, and gender crimes in international criminal law. Finally, the issue includes several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is December 2014, the second issue of academic year 2014-2015 (Volume 128).
Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
Download or read book Data and Democracy at Work written by Brishen Rogers and published by MIT Press. This book was released on 2023-03-21 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of how major companies have used advanced information technologies to limit worker power, and how labor law reform could reverse that trend. As our economy has shifted away from industrial production and service industries have become dominant, many of the nation's largest employers are now in fields like retail, food service, logistics, and hospitality. These companies have turned to data-driven surveillance technologies that operate over a vast distance, enabling cheaper oversight of massive numbers of workers. Data and Democracy at Work argues that companies often use new data-driven technologies as a power resource—or even a tool of class domination—and that our labor laws allow them to do so. Employers have established broad rights to use technology to gather data on workers and their performance, to exclude others from accessing that data, and to use that data to refine their managerial strategies. Through these means, companies have suppressed workers' ability to organize and unionize, thereby driving down wages and eroding working conditions. Labor law today encourages employer dominance in many ways—but labor law can also be reformed to become a tool for increased equity. The COVID-19 pandemic and subsequent Great Resignation have indicated an increased political mobilization of the so-called essential workers of the pandemic, many of them service industry workers. This book describes the necessary legal reforms to increase workers' associational power and democratize workplace data, establishing more balanced relationships between workers and employers and ensuring a brighter and more equitable future for us all.
Download or read book Michigan Law Review written by and published by . This book was released on 2013 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rethinking Job Security written by Joanna Howe and published by Taylor & Francis. This book was released on 2016-10-14 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.
Download or read book National Tripartite Social Dialogue written by International Labour Office. Governance and Tripartism Department and published by . This book was released on 2013 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Ubuntu and Buddhism in Higher Education written by David Robinson-Morris and published by Routledge. This book was released on 2018-10-26 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ubuntu and Buddhism in Higher Education theorizes the equal privileging of ontology and epistemology towards a balanced focus on ‘being-becoming’ and knowledge acquisition within the field of higher education. In response to the shift in higher education’s aims and purposes beginning in the latter half of the 20th century, this book reconsiders higher education and Western subjectivity through southern African (Ubuntu) and Eastern (Buddhist) onto-epistemologies. By mapping these other-than-West ontological viewpoints onto the discourse surrounding higher education, this volume presents a vision of colleges and universities as transformational institutions promoting our shared connection to the human and non-human world, and deepens our understanding of what it means to be a human being.
Download or read book Deleuze Guattari and India written by Ian Buchanan and published by Taylor & Francis. This book was released on 2021-09-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a pragmatic engagement between the philosophy of Deleuze and Guattari and various facets of Indian society, culture and art. The universal appeal of the philosophy of Deleuze and Guattari finds its due place in India with a set of innovative analyses and radical interpretations that reimagine India as a complex multiplicity. The volume brings together scholars from various disciplines and theoretical orientations to explore a wide range of issues in contemporary India, like dalit and caste studies, nationalism, gender question, art and cinema, and so on under the rubric of Deleuzo-Guattarian philosophy. This interdisciplinary book will be useful to scholars and researchers of philosophy, anthropology, cultural studies, sociology, postcolonial studies and South Asian studies.
Download or read book Contributory Fault and Investor Misconduct in Investment Arbitration written by Martin Jarrett and published by Cambridge University Press. This book was released on 2019-07-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Often derided for its asymmetry, this book shows how investors can be held to account in international investment law.
Download or read book Rethinking Economic Growth written by International Labor Office and published by International Labor Office. This book was released on 2012 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the structure of and trends in Arab labour markets, investigates the labour demand for and supply of labour that determine employment and the institutional framework that determines decent work, especially social protection and social dialogue. Focuses on the development that took place mainly in the period from 1990 to 2010, when economic reforms were initiated in many Arab states.
Download or read book Commonwealth Caribbean Employment and Labour Law written by Natalie G.S. Corthésy and published by Routledge. This book was released on 2014-07-17 with total page 739 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition to the series will provide an up-to-date textbook covering a wide-range of employment and labour law issues which affect the Commonwealth Caribbean. Initially the book will embark on a comparative analysis of employment and labour law in Jamaica, Trinidad and Barbados, as a reference point for distinguishing the laws of other Commonwealth Caribbean jurisdictions. The book will continue to examine how the law operates within the legal systems of the Caribbean, taking into account the umbilical link to British jurisprudence and the persuasive precedent of other Commonwealth jurisdictions, and the impact this has had on the growth and development of the area. Commonwealth Caribbean Employment and Labour Law will be essential reading for students enrolled on Employment Law, Discrimination and Dismissal Law courses in the Caribbean.
Download or read book International Commercial Arbitration written by Gary B. Born and published by Kluwer Law International B.V.. This book was released on 2014-10-01 with total page 5391 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Download or read book Rethinking Race written by Vernon J. WilliamsJr. and published by University Press of Kentucky. This book was released on 2014-07-11 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thought-provoking reexamination of the history of "racial science" Vernon J. Williams argues that all current theories of race and race relations can be understood as extensions of or reactions to the theories formulated during the first half of the twentieth century. Williams explores these theories in a carefully crafted analysis of Franz Boas and his influence upon his contemporaries, especially W.E.B. DuBois, Booker T. Washington, George W. Ellis, and Robert E. Park. Historians have long recognized the monumental role Franz Boas played in eviscerating the racist worldview that prevailed in the American social sciences. Williams reconsiders the standard portrait of Boas and offers a new understanding of a man who never fully escaped the racist assumptions of 19th-century anthropology but nevertheless successfully argued that African Americans could assimiliate into American society and that the chief obstacle facing them was not heredity but the prejudice of white America.
Download or read book Law and the Management of Disasters written by Alexia Herwig and published by Routledge. This book was released on 2016-12-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disasters raise serious challenges for contemporary legal orders: they demand significant management, but usually amidst massive disruption to the normal functioning of state authority and society. When dealing with disasters, law has traditionally focused on contingency planning and recovery. More recently, however, ‘resilience’ has emerged as a key concept in effective disaster management policies and strategies, aiming at minimising the impact of events, so that the normal functioning of society and the state can be preserved. This book analyses the contribution of law to resilience building by looking at law’s role in the different phases of the disaster regulatory process: risk assessment, risk management, emergency intervention, and recovery. More specifically, it addresses how law can effectively contribute to resilience-oriented distaster management policies, and what legal instruments can support effective resilience-building.
