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Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Bajo Vientre Del Jaguar: Fiscalización Y Falta De Auto-Tutela En El Derecho Del Trabajo Chileno [The Jaguar's Underbelly: Labor Inspection And The Lack Of Self-Protection In Chilean Work Law], César Rosado Marzán
César F. Rosado Marzán
No abstract provided.
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
César F. Rosado Marzán
Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
Two Steps Forward, One Step Back- Or Vice Versa: Labor Rights Under Free Trade Agreements From Nafta, Through Jordan, Via Chile, To Latin America, And Beyond, Marley S. Weiss
Marley S. Weiss
No abstract provided.
Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler
Models Of Worker Participation: The Uncertain Significance Of Section 8(A)(2), Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler
A Study In Ideal Anti-Types: Executive Status And Labor Market Regulation In Comparative Perspective, Thomas Kohler
Thomas C. Kohler
Comparative study and assessment of legal protections afforded leading management personnel in several leading European nations, Japan and the United States, including historical background of regulatory schemes and their impact.
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen
David S. Bogen
No abstract provided.
Restatement - Technique And Tradition In The United States, Thomas Kohler
Restatement - Technique And Tradition In The United States, Thomas Kohler
Thomas C. Kohler
This paper considers the meaning and development in a historical perspective of what Americans mean by labour law. The author highlights the fact that employment law in the United States consists of a patchwork of state regulation with a variegated federal overlay. He also discusses the development of the restatement tradition in the United States and examines the course and the current status of the Restatement of Employment Law project promoted by the American Law Institute (ALI), taking account of the fact that the character of employment has changed radically in the past two decades, and has yet to reach …
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Body And Soul, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Thomas C. Kohler
"Solidarity," a term not overly familiar to Americans, sometimes seems to have as many meanings as it has users. The concept became incorporated into American thought during the 19th and 20th century waves of Catholic and Jewish immigration. It provides a European vision of communitarian social order that competes with the "unencumbered self" - America's unique brand of individualism. Among philosophers, politicians, religious thinkers, and social activists, solidarity theory sought to redefine the then-prevailing views of social bonds. Nowhere is this more apparent than in the American labor movement, which espouses as its core values the principles of unity and …
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Lost Foundations: The Religious Voice And Employee Participation In The United States And Germany, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
The Story Of Nlrb V. Mackay Radio & Telegraph Co.: The High Cost Of Solidarity, Thomas Kohler, Julius Getman
Thomas C. Kohler
In 1938, in NLRB v. Mackay Radio & Telegraph Co., the Supreme Court offered one of its earliest interpretations of the National Labor Relations Act. Although the Court's holding provided that employers may not discriminate against employees for their union activity when the strike is over and workers are reinstated, dicta in the opinion also provided that under the NLRA employers enjoy an unrestricted right to replace strikers. In the 70 years since the Court's announcement, scholars remain baffled by the contradictions presented by the "Mackay doctrine" - a rule that forbids employers from discharging legally protected strikers while, at …
National Labor Relations Act, Thomas Kohler
Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler
Comments On Weiss' 'Trade Unions, Worker's Participation, And Collective Bargaining In Germany And In The Eu', Thomas Kohler
Thomas C. Kohler
No abstract provided.
Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Employee Representation, The Notion Of Solidarity And The Secret History Of American Labor Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler
Comparative Labor Law: Some Reflections On The Way Ahead, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.
Major-League-Baseball-Streik 1994-1995, Thomas Kohler
Major-League-Baseball-Streik 1994-1995, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Kündigungsschutz In Deutschland Und Den Usa, Thomas Kohler, Michael Kittner
Thomas C. Kohler
No abstract provided.
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Autonomy And Personhood: The Implications For Labor And Employment Law, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler
Betriebliche Interessenvertretung In Den Vereinigten Staaten: Ein Überblick, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler
The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas Kohler
Thomas C. Kohler
While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at the some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going, and concludes that we stand at the edge of a new world, one that may well entail a new culture of work and new ways of being for all its inhabitants.
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Labor Law And Labor Relations: Comparative And Historical Perspectives, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin
Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin
Thomas C. Kohler
No abstract provided.
Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler
Review Of Labour Law And Industrial Relations In Germany, By Manfred Weiss, Thomas Kohler
Thomas C. Kohler
No abstract provided.
Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler
Labour Law And Labour Relations: Comparative And Historical Perspectives, Thomas Kohler
Thomas C. Kohler
No abstract provided.
The Overlooked Middle, Thomas Kohler
The Overlooked Middle, Thomas Kohler
Thomas C. Kohler
In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.
The author posits, therefore, that there is a pronounced tendency to overlook …
Individualism And Communitarianism At Work, Thomas C. Kohler
Individualism And Communitarianism At Work, Thomas C. Kohler
Thomas C. Kohler
No abstract provided.