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Author: Sergio Gamonal C.
Publisher: Oxford University Press
ISBN: 0190052686
Category : Law
Languages : en
Pages : 201
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Book Description
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Author: Sergio Gamonal C.
Publisher: Oxford University Press
ISBN: 0190052686
Category : Law
Languages : en
Pages : 201
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Book Description
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Author: Philippa Collins
Publisher: Oxford University Press
ISBN: 0192647385
Category : Law
Languages : en
Pages : 257
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Book Description
The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.
Author: Alan Bogg
Publisher:
ISBN: 0199683131
Category : Law
Languages : en
Pages : 529
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Book Description
This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
Author: Richard Bales
Publisher: Cambridge University Press
ISBN: 1108428835
Category : Law
Languages : en
Pages : 435
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Book Description
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
Author: Roger Fisher
Publisher: Houghton Mifflin Harcourt
ISBN: 9780395631249
Category : Business & Economics
Languages : en
Pages : 242
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Book Description
Describes a method of negotiation that isolates problems, focuses on interests, creates new options, and uses objective criteria to help two parties reach an agreement.
Author: Gordon K. Hirabayashi
Publisher: University of Washington Press
ISBN: 0295804645
Category : Social Science
Languages : en
Pages : 241
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Book Description
In 1943, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In A Principled Stand, Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of Hirabayashi v. United States, the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals changed and deepened as he fought discrimination and defended his beliefs. A Principled Stand adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life. Scott and Laurie Oki Series in Asian American Studies A Capell Family Book
Author: Guy Davidov
Publisher: Oxford University Press
ISBN: 0198759037
Category : Law
Languages : en
Pages : 305
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Book Description
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Author: Dr. Laurence J. Peter
Publisher: Harper Collins
ISBN: 0062359495
Category : Humor
Languages : en
Pages : 138
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Book Description
The classic #1 New York Times bestseller that answers the age-old question Why is incompetence so maddeningly rampant and so vexingly triumphant? The Peter Principle, the eponymous law Dr. Laurence J. Peter coined, explains that everyone in a hierarchy—from the office intern to the CEO, from the low-level civil servant to a nation’s president—will inevitably rise to his or her level of incompetence. Dr. Peter explains why incompetence is at the root of everything we endeavor to do—why schools bestow ignorance, why governments condone anarchy, why courts dispense injustice, why prosperity causes unhappiness, and why utopian plans never generate utopias. With the wit of Mark Twain, the psychological acuity of Sigmund Freud, and the theoretical impact of Isaac Newton, Dr. Laurence J. Peter and Raymond Hull’s The Peter Principle brilliantly explains how incompetence and its accompanying symptoms, syndromes, and remedies define the world and the work we do in it.
Author: National Academies of Sciences, Engineering, and Medicine
Publisher: National Academies Press
ISBN: 0309675480
Category : Education
Languages : en
Pages : 113
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Book Description
The United States is formally represented around the world by approximately 14,000 Foreign Service officers and other personnel in the U.S. Department of State. Roughly one-third of them are required to be proficient in the local languages of the countries to which they are posted. To achieve this language proficiency for its staff, the State Department's Foreign Service Institute (FSI) provides intensive language instruction and assesses the proficiency of personnel before they are posted to a foreign country. The requirement for language proficiency is established in law and is incorporated in personnel decisions related to job placement, promotion, retention, and pay. A Principled Approach to Language Assessment: Considerations for the U.S. Foreign Service Institute evaluates the different approaches that exist to assess foreign language proficiency that FSI could potentially use. This report considers the key assessment approaches in the research literature that are appropriate for language testing, including, but not limited to, assessments that use task-based or performance-based approaches, adaptive online test administration, and portfolios.
Author: Matthew W. Finkin
Publisher: Edward Elgar Publishing
ISBN: 1781000131
Category : Law
Languages : en
Pages : 504
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Book Description
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
