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Full-Text Articles in Law

Wars Of Attrition: Vietnam, The Business Roundtable And The Decline Of Construction Unions, Marc Linder Nov 2012

Wars Of Attrition: Vietnam, The Business Roundtable And The Decline Of Construction Unions, Marc Linder

Marc Linder

No abstract provided.


There’S A Man Sitting On A Trolley, Mogens Klitgaard, Marc Linder Nov 2012

There’S A Man Sitting On A Trolley, Mogens Klitgaard, Marc Linder

Marc Linder

No abstract provided.


The Involuntary Conversion Of Employees Into Self-Employed: The Internal Revenue Service And Section 530, Marc Linder Nov 2012

The Involuntary Conversion Of Employees Into Self-Employed: The Internal Revenue Service And Section 530, Marc Linder

Marc Linder

No abstract provided.


The Slave, Hans Kirk, Marc Linder Nov 2012

The Slave, Hans Kirk, Marc Linder

Marc Linder

No abstract provided.


Enforcing Fair Labor Standards In The Modern American Sweatshop: Rediscovering The Statutory Definition Of Employment, Bruce Goldstein, Marc Linder, Lawrence E. Norton Ii, Catherine K. Ruckelshaus Nov 2012

Enforcing Fair Labor Standards In The Modern American Sweatshop: Rediscovering The Statutory Definition Of Employment, Bruce Goldstein, Marc Linder, Lawrence E. Norton Ii, Catherine K. Ruckelshaus

Marc Linder

No abstract provided.


Farewell To The Self-Employed: Deconstructing A Socioeconomic And Legal Solipsism, Marc Linder Nov 2012

Farewell To The Self-Employed: Deconstructing A Socioeconomic And Legal Solipsism, Marc Linder

Marc Linder

No abstract provided.


I Gave My Employer A Chicken That Had No Bone: Joint Firm-State Responsibility For Line-Speed-Related Occupational Injuries, Marc Linder Nov 2012

I Gave My Employer A Chicken That Had No Bone: Joint Firm-State Responsibility For Line-Speed-Related Occupational Injuries, Marc Linder

Marc Linder

No abstract provided.


Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein Nov 2012

Enforcing European Corporate Commitments To Freedom Of Association By Legal And Industrial Action In The United States: Enforcement By Industrial Action, Lance A. Compa, Fred Feinstein

Lance A Compa

[Excerpt] We believe it is important to discuss industrial action as one way to enforce commitments to abide by international labor standards in part because of the challenges of "hard" law enforcement, not only in an international context but also in the enforcement of domestic labor policies. Because of the challenges presented by "hard" enforcement of labor policy in both the domestic and international context, it is important to examine the dynamics that initially motivate the adoption of IFAs and other commitments to abide by international labor standards as an important aspect of their enforcement. What unions and other advocates …


Introduzione Allo Studio Del Diritto Europeo Delle Relazioni Industriali, Michele Faioli Nov 2012

Introduzione Allo Studio Del Diritto Europeo Delle Relazioni Industriali, Michele Faioli

Michele Faioli

No abstract provided.


Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq. Oct 2012

Implementación De Políticas Corporativas Sobre Internet Y Redes Sociales En México, Rodolfo C. Rivas Rea Esq.

Rodolfo C. Rivas

The author analyzes and describes the necessary elements of a successful social media and Internet corporate policy; through citing common pitfalls and learning lessons from different jurisdictions across the world. The author then offers general guidelines on policies for Mexican enterprises under Mexican legislation.///////////////////////////////////////////////////////////////////////////////////////El autor analiza y describe los elementos necesarios de una política corporativa sobre internet y redes sociales exitosa, citando los errores más comunes y aprendiendo lecciones de las legislaciones de distintos países.


Convegno Treviso - Riforma Del Mercato Del Lavoro 2012 - Fondi Di Solidarietà Bilaterali, Michele Faioli Oct 2012

Convegno Treviso - Riforma Del Mercato Del Lavoro 2012 - Fondi Di Solidarietà Bilaterali, Michele Faioli

Michele Faioli

No abstract provided.


Update To Whs Law In Australia No 3, Neil J. Foster Oct 2012

Update To Whs Law In Australia No 3, Neil J. Foster

Neil J Foster

Updates to NSW Workers Compensation law.


Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare Oct 2012

Labor Law As Ideology: Toward A New Historiography Of Collective Bargaining Law, Karl E. Klare

Karl E. Klare

This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the …


Building Social Movement Unionism: The Transformation Of The American Labor Movement, Lowell Turner, Richard W. Hurd Oct 2012

Building Social Movement Unionism: The Transformation Of The American Labor Movement, Lowell Turner, Richard W. Hurd

Lowell Turner

[Excerpt] In the United States, the renewed energy displayed by the labor movement is particularly promising. From organizing drives to strike victories to legislative campaigns, labor's renewed influence in the American political economy is clearly seen. A labor movement that was left for dead by many in the Reagan era has developed new leadership and innovative strategies for rank-and-file mobilization and political clout. In a global economy dominated to a large extent by American-based multinational corporations, the world needs a strong American labor movement. The goal of the new activists, young and old, who drive today's labor campaigns, is the …


Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner Oct 2012

Rank-And-File Participation In Organizing At Home And Abroad, Lowell Turner

Lowell Turner

[Excerpt] We know that we need labor law reform. But it is also clear that this is not all we need; nor can we expect to achieve legal reform simply by electing Democrats. That strategy did not work in 1978-79 or in 1993-94, and it will not work in the future. In the face of inevitably powerful and well-organized business opposition, even the most well-financed and articulate lobbying campaign for labor law reform can fail. What was missing in 1978-79 and in 1993-94 and is urgently needed now is the pressure of a massive social movement, mobilized to transform and …


Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg Oct 2012

Workers’ Rights: Rethinking Protective Labor Legislation, Ronald G. Ehrenberg

Ronald G. Ehrenberg

This paper focuses on a few directions in which protective labor legislation might be expanded in the United States over the next decade and the implications of expansion in each area for labor markets. Specifically, it addresses the areas of hours of work, unjust dismissal, comparable worth, and plant closings. In each case, the discussion stresses the need to be explicit about how private markets have failed, the need for empirical evidence to test such market failure claims, the need for economic analysis of potential unintended side effects of policy changes, and the existing empirical estimates of the likely magnitudes …


Riforma Lavoro, Michele Faioli Oct 2012

Riforma Lavoro, Michele Faioli

Michele Faioli

No abstract provided.


Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms, Ann Numhauser-Henning Sep 2012

Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


´Monti Rules´: Immunising Collective Action From Market Dynamics (Or Vice Versa?), Andrea Iossa Sep 2012

´Monti Rules´: Immunising Collective Action From Market Dynamics (Or Vice Versa?), Andrea Iossa

Andrea Iossa

No abstract provided.


Compliance With The Overtime Pay Provisions Of The Fair Labor Standards Act, Ronald G. Ehrenberg, Paul L. Schumann Aug 2012

Compliance With The Overtime Pay Provisions Of The Fair Labor Standards Act, Ronald G. Ehrenberg, Paul L. Schumann

Ronald G. Ehrenberg

[Excerpt] The evidence presented in this paper strongly suggests that non-compliance with the overtime pay provisions of the FLSA is a nontrivial problem. Our analyses of the May 1978 CPS data indicated that at least 9.6 percent of individuals who worked more than forty-one hours in the survey week and who we believe were subject to the FLSA's overtime provisions with certainty failed to receive any premium pay for overtime hours. Moreover, from our analyses of the partial coverage CPS sample, we inferred that over 20 percent of the people working overtime who were subject to the overtime pay provisions …


Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus Jul 2012

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow Kleinhaus

Suzanne Darrow Kleinhaus

No abstract provided.


Absenteeism And The Overtime Decision, Ronald G. Ehrenberg Jul 2012

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 …


Scuola Europea Di Relazioni Industriali, Michele Faioli Jul 2012

Scuola Europea Di Relazioni Industriali, Michele Faioli

Michele Faioli

Istituto Italiano di Studi Germanici -http://www.studigermanici.it/iniziative/scuola-europea-di-relazioni-industriali


[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore Jul 2012

[Review Of The Book Values And Assumptions In American Labor Law], Nick Salvatore

Nick Salvatore

[Excerpt] Reading this book it is difficult not to think that the intent of the author was less to understand the origins and developments of the values and assumptions that gild the practice of labor law than it was to 'prove' that labor law in America is really capitalist law and thus it invalidates itself. This is not only circular reasoning, but it is unfortunate as well. For there is another book to be written that would analyze these questions through a serious and sustained reading in the history of industrial relations and then apply that knowledge to specific case …


Riorganizzare Il Lavoro Nelle Pmi Dopo La Riforma, Michele Faioli Jul 2012

Riorganizzare Il Lavoro Nelle Pmi Dopo La Riforma, Michele Faioli

Michele Faioli

No abstract provided.


Riforma Del Mercato Del Lavoro E Artigianato, Michele Faioli Jun 2012

Riforma Del Mercato Del Lavoro E Artigianato, Michele Faioli

Michele Faioli

No abstract provided.


Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli Jun 2012

Pre-Occupazione E In-Occupazione Giovanile. Risposte Del Diritto “Riflessivo” Al Mercato Del Lavoro, Michele Faioli

Michele Faioli

The core idea of this essay is that strengthening social security system is key to making the duality of labor law, as it reflects the tension between law and markets, a positive force for reconciling demands for modernization with demands for decent work. This essay sets the stage for a larger-scale comparative project on the duality of labor law which arises from the functioning of labor law in relation to the application of the principle of decency at work.


Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore Jun 2012

Faith, Politics, And American Culture [Review Of The Books Letter To A Christian Nation, Pity And Politics: The Right-Wing Assault On Religious Freedom, Faith And Politics: How The “Moral Values” Debate Divides America And How To Move Forward Together, The Compassionate Community: Ten Values To Unite America, Righteous: Dispatches From The Evangelical Youth Movement, And Believers: A Journey Into Evangelical America], Nick Salvatore

Nick Salvatore

[Excerpt] In January 2004, before a black church congregation in New Orleans, President George W. Bush commemorated Martin Luther King's birthday with a spirited promotion of his faith-based initiatives. Appropriating the slain Civil Rights leader's profession of faith, Bush proclaimed his ultimate purpose was to change "America one heart, one soul, one conscience at a time." He emphasized voluntary action by citizens (four times he extolled them as "the social entrepreneurs") and he consistency denigrated the role of government but for one critical function: providing "billions of dollars" to faith-based social-service groups. Proclaiming the values of the Christian Bible as …


The Fed’S New Model Of Supervision For “Large Complex Banking Organizations”: Coordinated Risk-Based Supervision Of Financial Multinationals For International Financial Stability, Cynthia C. Lichtenstein Jun 2012

The Fed’S New Model Of Supervision For “Large Complex Banking Organizations”: Coordinated Risk-Based Supervision Of Financial Multinationals For International Financial Stability, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

Large internationally active financial institutions, in particular multinational banks, have the capacity to create profound disturbances in the globalized financial markets in the event of failure. For that reason, these entities are supervised and examined in a manner that is completely different than the ordinary business corporation. This piece describes the new methodology that has been developed by the United States' central bank, the Board of Governors of the Federal Reserve System or "the Fed" for short, since 1995, for examining what the Fed calls "large complex banking organizations" or LBCOs and indicates how the system in fact carries out …


Gerechtigkeit Ohne Gewerkschaft Und Betriebsrat? Konfliktschlichtung In Gewerkschaftsfreien Betrieben In Den Usa, Alexander Colvin Jun 2012

Gerechtigkeit Ohne Gewerkschaft Und Betriebsrat? Konfliktschlichtung In Gewerkschaftsfreien Betrieben In Den Usa, Alexander Colvin

Alexander Colvin

Zu den Faktoren, die in jüngster Zeit in mehreren Ländern – insbesondere in den USA – zu einem Rückgang der Mitgliederzahlen der Gewerkschaften geführt haben, zählen Strategien des Human Resource Managements wie „nonunion arbitration“ (gewerkschaftsfreies Schiedsverfahren“. Arbeitgeber in nicht tarif- und gewerkschaftsgebundenen Betrieben führen solche „neuen Verfahren der Konfliktschlichtung“ (NVK) mit dem Ziel ein, einen Teilersatz für die gewerkschaftliche Interessenvertretung zu gewähren. Sie stellen eine besondere Herausforderung für die Gewerkschaften dar und machen die Anpassung ihrer Interessenvertretungsstrategien erforderlich. Zwei alternative Handlungsmöglichkeiten bieten sich an. Eine Möglichkeit besteht darin , solche NVK einfach mit dem Argument abzulehnen, dass es sich um …