Law Commons^™

Between Support And Shame: The Impacts Of Workplace Violations For Immigrant Families, Shannon Gleeson

Shannon Gleeson

Purpose - This study examines the conditions that lead to workplace violations for low-wage immigrant workers, and how family life shapes their decision to speak up. I also highlight how both employer abuse and the claims making process can impact individuals and their families.

Methodology/approach - This research adopts a mixed-method approach that includes a survey of 453 low-wage workers seeking pro bono legal assistance and 115 follow-up interviews with claimants. I also conduct a five-year ethnography of both a monthly state workshop provided for injured workers and a pro bono legal aid clinic in a predominantly Latino agricultural community …

Replantar Un Campo: Derecho Internacional Del Trabajo Para El Siglo Xxi, Lance A. Compa

Lance A Compa

No abstract provided.

Re-Planting A Field: International Labour Law For The Twenty-First Century, Lance A. Compa

Lance A Compa

[Excerpt] In this talk I want to trace the development of the field and how international labour law has taken root in five areas: 1) trade legislation (namely, the US and EU Generalized System of Preferences), 2) trade agreements, 3) international organizations, 4) corporate social responsibility, and 5) lawsuits in national courts. In each, I try to give one or two examples of how international labour law works in practice. But first, some background on the international labour law field and my involvement with it.

Myth: Hard Work And Credentials Determine Employment Opportunities

Alev Dudek

The Fine Line Employers Walk: Is It A Justified Business Practice, Or Discrimination?, Michelle Dimaria

Michelle DiMaria

No abstract provided.

The Perversity Of Sexual-Harassment Law: Effects Of Recent Court Rulings, David Sherwyn, Michael C. Sturman, Zev J. Eigen, Michael Heise, Jenn Walwyn

Michael Heise

The outcome of 109 motions for summary judgment filed since June 1998, in which employers argued that a hostile-environment case should be dismissed because the employer satisfied, as a matter of law, the affirmative defense are analyzed. The examination of these cases provides the opportunity to test past conjecture and describe how courts have implemented the Ellerh and Faragher rulings. It is found that employers are still able to prevail in summary-judgment motions. With evidence showing that employers can satisfy the affirmative defense, each of the three areas that commentators have suggested should have prevented such success is examined. What …

Work Made For Hire – Analyzing The Multifactor Balancing Test, Ryan G. Vacca

Ryan G. Vacca

Authorship, and hence, initial ownership of copyrighted works is oftentimes controlled by the 1976 Copyright Act’s work made for hire doctrine. This doctrine states that works created by employees within the scope of their employment result in the employer owning the copyright. One key determination in this analysis is whether the hired party is an employee or independent contractor. In 1989, the U.S. Supreme Court, in CCNV v. Reid, answered the question of how employees are distinguished from independent contractors by setting forth a list of factors courts should consider. Unfortunately, the Supreme Court did not give further guidance on …

Voice Without Say: Why Capital-Managed Firms Aren’T (Genuinely) Participatory, Justin Schwartz

Justin Schwartz

Why are most capitalist enterprises of any size organized as authoritarian bureaucracies rather than incorporating genuine employee participation that would give the workers real authority? Even firms with employee participation programs leave virtually all decision-making power in the hands of management. The standard answer is that hierarchy is more economically efficient than any sort of genuine participation, so that participatory firms would be less productive and lose out to more traditional competitors. This answer is indefensible. After surveying the history, legal status, and varieties of employee participation, I examine and reject as question-begging the argument that the rarity of genuine …

Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne E. Eaton, Thomas A. Kochan, David B. Lipsky, Daniel J. B. Mitchell, Paula B. Voos

David B Lipsky

For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University; …

Contemporary Issues In Employment Relations—A Roundtable, David Lewin, Adrienne Eaton, Thomas Kochan, David Lipsky, Daniel Mitchell, Paula Voos

David Lewin

For the 2006 LERA research volume, leading scholars were assembled in a roundtable for the purpose of eliciting their views on key contemporary industrial relations issues. The roundtable members were Adrienne E. Eaton, professor and director of labor extension in the Rutgers University School of Management and Labor Relations; Thomas A. Kochan, the George M. Bunker Professor of Management and director of the Institute for Work and Employment Research in the MIT Sloan School of Management; David B. Lipsky, the Anne Evans Estabrook Professor of Dispute Resolution and former dean of the School of Industrial and Labor Relations, Cornell University; …

Absenteeism And The Overtime Decision, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Upon reading the congressional hearing on the Overtime Pay Penalty Act of 1964, one cannot fail to be impressed by the emphasis that management places on absenteeism as a primary cause of overtime. The argument given is basically quite simple: Large firms, it is claimed, attempt to account for absenteeism by hiring standby workers; however because of the stochastic nature of the absentee rate, it is impossible for them to have replacements always available. Hence overtime must be worked by existing employees in order to meet production schedules. One concludes from this argument that the randomness of absenteeism is …

Aligning Employees Through Line Of Sight, Wendy R. Boswell, John B. Bingham, Alexander Colvin

Alexander Colvin

Aligning employees with the firm’s larger strategic goals is critical if organizations hope to manage their human capital effectively and ultimately attain strategic success. An important component of attaining and sustaining this alignment is whether employees have “line of sight” to the organization’s strategic objectives. We illustrate how the translation of strategic goals into tangible results requires that employees not only understand the organization’s strategy, they must accurately understand what actions are aligned with realizing that strategy. Using recent empirical evidence, theoretical insights, and tangible examples of exemplary firm practices, we provide thought-leaders with a comprehensive view of LOS, how …

An Employment Systems Approach To Turnover: Hr Practices, Quits, Dismissals, And Performance, Rosemary Batt, Alexander Colvin

Alexander Colvin

This study examines the relationship between alternative approaches to employment systems and quits, dismissals and customer service, based on cross-sectional and longitudinal data from nationally representative surveys of call center establishments. Contrary to prior literature, the antecedents and consequences of quits and dismissals are quite similar. Comparing three dimensions of employment systems, we find that high involvement work organization and long-term investments and inducements are associated with significantly lower quit and dismissal rates, while short term performance-enhancing expectations are related to significantly higher quit and dismissal rates. Establishments with higher quit and dismissal rates have significantly lower customer service, as …

The Problem Of Action And Interest Alignment: Beyond Job Requirements And Incentive Compensation, Alexander Colvin, Wendy R. Boswell

Alexander Colvin

We introduce two concepts, action alignment and interest alignment, that we propose to help explain the linkages between employee behaviors and organizational strategy. We first examine the problem of action alignment, developing employee ability to identify and engage in behaviors that most effectively lead to the realization of the goals of organizational strategy. In particular, our discussion of action alignment focuses on the issues of employee line of sight to organizational strategy and the development of shared mindsets within the organization. We argue that aligned actions involving employee behaviors that are discretionary and difficult to specify in advance are especially …

Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin

Alexander Colvin

This paper compares management flexibility in employment decision-making in the United States and Canada through a cross-national survey of organizations in representative jurisdictions in each country, Pennsylvania and Ontario respectively, that investigates the impact of differences in their legal environments. The results indicate that, compared to their Ontario counterparts, organizations in Pennsylvania have a higher degree of flexibility in employment outcomes, such as higher dismissal and discipline rates, yet do not experience any greater flexibility or simplicity in management hiring and firing decisions. One explanation for this result may lie in the finding that organizations in Pennsylvania experience greater legal …

Institutional Pressures, Human Resource Strategies, And The Rise Of Nonunion Dispute Resolution Procedures, Alexander Colvin

Alexander Colvin

The author investigates factors influencing the adoption of dispute resolution procedures in the nonunion workplace. Various explanations are tested using data from a 1998 survey of dispute resolution procedures in the telecommunications industry. The results suggest that both institutional pressures and human resource strategies are factors driving the adoption of nonunion procedures. Among institutional factors, rising individual employment rights litigation and expanded court deferral to nonunion arbitration have led to increased adoption of mandatory arbitration procedures in the nonunion workplace. At the same time, an older institutional factor—union substitution by nonunion employers aimed at avoiding union organizing—continues to inspire the …

Employee Voice, Human Resource Practices, And Quit Rates: Evidence From The Telecommunications Industry, Rosemary Batt, Alexander J.S. Colvin, Jeffrey Keefe

Alexander Colvin

The authors draw on strategic human resource and industrial relations theories to identify the sets of employee voice mechanisms and human resource practices that are likely to predict firm-level quit rates, then empirically evaluate the predictive power of these variables using data from a 1998 establishment level survey in the telecommunications industry. With respect to alternative voice mechanisms, they find that union representation predicts lower quit rates, even after they control for compensation and a wide range of other human resource practices that may be affected by collective bargaining. Also predicting lower quit rates is employee participation in offline problem-solving …

[Review Of The Book Why The Garden Club Couldn’T Save Youngstown: The Transformation Of The Rust Belt], Alexander Colvin

Alexander Colvin

[Excerpt] As economic crisis once again grips the land, it is valuable to ponder the lessons of attempts to recover from past downturns. For example, the economic dislocations of the 1970s and 1980s transformed the industrial heartland of America into the “Rust Belt” and forced communities to grapple with how to recover from a lost standard of living revolving around good paying jobs in industries like steel production that were unlikely ever to return. In his interesting and highly readable book, Sean Safford examines the diverging economic trajectories of two similar rust belt communities, Allentown, Pennsylvania, and Youngstown, Ohio. Both …

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

El Individuo Y La Comunidad. Aeon J. Skoble, Mario Šilar

Mario Šilar

No abstract provided.

El Fracaso: Su Utilidad Personal Y Social, Mario Šilar

Mario Šilar

No abstract provided.

Noción Y Elementos Existenciales Del Título De Crédito, Bruno L. Costantini García

Bruno L. Costantini García

Discernir la noción y elementos de existencia de los títulos de crédito, considerando la doctrina y la denominación expresada en nuestra Ley General de Títulos y Operaciones de Crédito, conceptualizando el término de los documentos que consignan un derecho crediticio propio de su naturaleza y deslindando de manera dogmatica y exegética los elementos que lo forman y le dan su funcionamiento, mediante una visión de las instituciones jurídicas que les dan su existencia y aplicación dentro del devenir de los actos de comercio.

Free The Market. Peter J. Boettke. Spanish Translation, Mario Šilar

Mario Šilar

No abstract provided.

Generalidades De La Propiedad Intelectual En México, Bruno L. Costantini García

Bruno L. Costantini García

Presentación de las Generalidades de la Propiedad Intelectual en México (Propiedad Industrial y Derechos de Autor), legislación que la rige, aplicación y modalidades

La Jurisprudencia En México, Bruno L. Costantini García

Bruno L. Costantini García

Breve presentación de la jurisprudencia en México, su aplicación, objetivos y fines para el Derecho Mexicano. ¿Por qué es util para el derecho? ¿Quién la emite?

Notariado Y Correduria Y Su Registro En México, Bruno L. Costantini García

Bruno L. Costantini García

Introducción al Derecho Notarial y Registral en México, cuyo objeto es conocer los elementos de las figuras del notario y del corredor público, la formalización de sus actos y su registro.

Organizations Of Professionals: Governance Structures In Large Law Firms, Pamela S. Tolbert

Pamela S Tolbert

Despite the growing number of studies of professionals in organizations, surprisingly little attention has been given to the way in which professions shape organizations. This research addresses this issue by examining the determinants of formal structures in large law firms for decision making in two areas: compensation and promotion. We argue that the structures for compensation decisions are strongly influenced by contemporary business strategies adopted by law firms, as indicated by a number of organizational characteristics. Because promotion decisions are closely tied to the institution of professional authority, however, structures for these decisions are largely unaffected by such strategies. The …

Natural Law Bibliography 1990-2010, Mario Šilar

Mario Šilar

No abstract provided.

Antropología Filosófica Cristiana Y Economía De Mercado (Review). Revista Empresa Y Humanismo, Xiv/2, 2011, Pp. 121-127., Mario Šilar

Mario Šilar

No abstract provided.