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Full-Text Articles in Law

Employment Market Institutions And Japanese Working Hours, Mark West Dec 2003

Employment Market Institutions And Japanese Working Hours, Mark West

Law & Economics Working Papers Archive: 2003-2009

Why do Japanese workers work such long hours? Beginning with a series of cases in the 1950s, Japanese courts drastically curtailed firms’ abilities to dismiss workers. As a consequence of the inability to dismiss workers legally, large Japanese firms hired a smaller number of workers than were necessary to fulfill capacity without overtime. Employers rely on the working hours of this undersized cadre of workers, carefully screened to rule out the slothful, as a buffer. In bad times, the size of the work force makes dismissal unnecessary. In good times, workers are forced to work long hours. While these court …


A Guide To International And Foreign Legal Research Online, Jennifer L. Selby Jan 2003

A Guide To International And Foreign Legal Research Online, Jennifer L. Selby

Law Librarian Scholarship

Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.


Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster Jan 2003

Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster

Book Chapters

In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the refugee …


Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine Jan 2003

Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine

Book Chapters

My task is to assess the ways in which ADR procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state or another sanction-imposing body. Both mediation and arbitration are included among such methods. In mediation, the neutral aims for the parties to agree on a mutually acceptable solution. In arbitration, the neutral imposes a solution after presentations by the contending parties. A third term - conciliation - is sometimes used and generally …


National Regulation Of Multinational Enterprises: An Essay On Comity, Extraterritoriality, And Harmonization, Reuven S. Avi-Yonah Jan 2003

National Regulation Of Multinational Enterprises: An Essay On Comity, Extraterritoriality, And Harmonization, Reuven S. Avi-Yonah

Articles

Despite the economic importance of multinational enterprises ("MNEs"), there is a surprising paucity of law governing foreign direct investment ("FDI"), especially in comparison with the abundance of law governing trade. There is no multilateral legal arrangement governing FDI that is similar to the General Agreement on Tariffs and Trade ("GATT"), no organization similar to the World Trade Organization, and almost no courses in law schools on FDI law. The goal of this Article is to begin to remedy this state of affairs by proposing a conceptual model for analyzing the application of the national laws of home and host countries …