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Articles 31 - 60 of 223

Full-Text Articles in Law

Mickey Mouse, Morality And Manufacturing: A Look At The Evolving Private Regulation Of Global Labour Standards, Umair Ghori Jul 2015

Mickey Mouse, Morality And Manufacturing: A Look At The Evolving Private Regulation Of Global Labour Standards, Umair Ghori

Umair H. Ghori

Labour standards maintained by transnational corporations are now an inalienable part of global sourcing business. These standards serve to incentivise better treatment of labour in countries where the majority of basic manufacturing operations occur (usually developing countries and least developed countries). This paper investigates the effects of changes made by large retail corporations in their sourcing guidelines (especially labour standards). The impact of such changes carries far-reaching consequences for manufacturers based in developing countries. The research title was inspired by the recent move by Walt Disney Company to black-list certain countries that were found to be deficient in enforcement of …


Notable Employee Benefits Articles Of 2012, 139 Tax Notes 656 (2013), Kathryn Kennedy Jun 2015

Notable Employee Benefits Articles Of 2012, 139 Tax Notes 656 (2013), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.


Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy Jun 2015

Doma Implications For Employee Benefit Plans: Round 2, 144 Tax Notes 947 (2014), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.


Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy Jun 2015

Doma Implications For Employee Benefit Plans, 140 Tax Notes 1571 (2013), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.


2013 Law Review Articles On Employee Benefits Issues, 143 Tax Notes 1308 (2014), Kathryn Kennedy Jun 2015

2013 Law Review Articles On Employee Benefits Issues, 143 Tax Notes 1308 (2014), Kathryn Kennedy

Kathryn J. Kennedy

No abstract provided.


4th Annual Conference On Employee Benefits, Social Security And Executive Compensation; Thomas R. Kline School Of Law, Drexel University, Natalya Shnitser Mar 2015

4th Annual Conference On Employee Benefits, Social Security And Executive Compensation; Thomas R. Kline School Of Law, Drexel University, Natalya Shnitser

Natalya Shnitser

No abstract provided.


Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker Feb 2015

Remapping Worker Citizenship In Contemporary Occupational Health And Safety Regimes, Eric Tucker

Eric M. Tucker

The article draws on the rapidly growing field of citizenship studies to map and explore the dynamics of contemporary occupational health and safety (OHS) regulation. Using two key dimensions of OHS regulation (protection and participation), the author constructs four ideal types of worker citizenship (market, public, private industrial, and public industrial citizens). Historically, workers have been written into OHS regulatory regimes in each of these ways. Most recently lawmakers have created a new species of OHS regimes, best described as mandated partial self-regulation. Its distinguishing characteristic is its flexibility, such that worker citizenship can take on any of the forms …


Farm Worker Exceptionalism: Past, Present, And The Post-Fraser Future, Eric Tucker Feb 2015

Farm Worker Exceptionalism: Past, Present, And The Post-Fraser Future, Eric Tucker

Eric M. Tucker

No abstract provided.


Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker Feb 2015

Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker

Eric M. Tucker

The central point of this article, written in 1995, was that health and safety struggles can be at the vanguard of challenges to a legal social order that tolerates poor labour standards and high levels of worker exploitation. Workers who fear their work is making them sick or subjecting them to high levels of injury and disablement know first-hand that the values of democracy, autonomy, equality and community are denied and not realized by current arrangements. By drawing on that experience and explicitly linking health and safety demands to an alternative vision of social justice, one in which workers enjoy …


Death By Consensus: The Westray Story, Eric Tucker, Harry Glasbeek Feb 2015

Death By Consensus: The Westray Story, Eric Tucker, Harry Glasbeek

Eric M. Tucker

The paper will proceed as follows. It tells the Westray story in two parts, first, the decision to set up the mine and, second, the operation of the mine. These events illuminate the salience of the broader political economic context to an understanding of what happened. Further, the story gives the lie to the assumptions which underpin health and safety regulation. Next, the paper details the implications of the political economy and the prevailing ideology for the enforcement of health and safety regulation. The paper then critically examines a component of, or prop for, the consensus theory which postulates that …


Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko Feb 2015

Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko

Eric M. Tucker

The distinction between employees and independent contractors is crucial in determining the scope of application of labour and employment legislation in Canada, since the self-employed are, for the most part, treated as entrepreneurs who do not require the statutory protections accorded to employees. Yet statistics indicate that most self-employed people resemble employees more than entrepreneurs, in the sense that they are economically dependent on the sale of their labor and are often subject to inferior terms and conditions of work. Using four Canadian jurisdictions as a basis for this comparison, the authors demonstrate that there are wide variations in the …


Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko Feb 2015

Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko

Eric M. Tucker

In this paper, the authors consider whether the contract of employment should continue to be the central platform for delivering employment- related rights and benefits, such as access to labour standards and collective bargaining legislation. Labour market analysis has traditionally distinguished between employment and self-employment on the basis of a dichotomy between subordination and autonomy. whereas employees subordinate themselves to their employer in exchange for income and job security, the self-employed forego these benefits in order to gain autonomy and control over the means of their own production. This distinction is reflected in, and reinforced by, the boundary drawn in …


The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker Feb 2015

The Freedom To Strike In Canada: A Brief Legal History, Judy Fudge, Eric Tucker

Eric M. Tucker

This paper looks at the "deep roots" of striking as a social practice in Canada, by providing an analytic framework for approaching the history of the right to strike, and then sketching the contours of that history. Focusing on the three key worker freedoms - to associate, to bargain collectively, and to strike - the authors trace the jural relations between workers, employers and the state through four successive regimes of industrial legality in Canada: master and servant; liberal voluntarism; industrial voluntarism; and industrial pluralism, the latter marked by the adoption of the Wagner Act model. On the basis of …


Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo Feb 2015

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 2nd Ed., Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you: Understand the implications of-and methods available for-searching personal property and employees' computers Create legally sound drug-testing policies Know what constitutes permissible student and staff searches-and what doesn't And more!


A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley Feb 2015

A Law Too Far? The Wisconsin Budget Repair Act: Counterpoint, Ralph Mawdsley, Charles Russo, James Mawdsley

Charles J. Russo

This article encourages debate regarding the power and force of teacher unions and collective bargaining and their impact on the quality of education. As an initial matter, it is important to keep in mind that the authors of this Counterpoint start with the premise that the purpose of employee unions, whether in education, the automobile industry, or other fields aside, is to save the jobs of members. In education, our argument is that taking care of students has decidedly taken a back seat, and thus, we find it frustrating to hear that teachers “want this for the children” when, in …


Labour Law In A Greying Labour Market - In Need Of A Reconceptualisation Of Work And Pension Norms?, Ann Numhauser-Henning Dec 2014

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.


Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar Dec 2014

Age Discrimination And Labour Law. Comparative And Conceptual Perspectives In The Eu And Beyond, Ann Numhauser-Henning, Mia Rönnmar

Ann Numhauser-Henning

No abstract provided.


Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act (With Alex Tilletts-Saks), César Rosado Marzán Dec 2014

Work, Study, Organize!: Why The Northwestern University Football Players Are Employees Under The National Labor Relations Act (With Alex Tilletts-Saks), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


Labour Law, Pension Norms And The Eu Ban On Age Discrimination: Towards Ultimate Flexibilisation?, Ann Numhauser-Henning Dec 2014

Labour Law, Pension Norms And The Eu Ban On Age Discrimination: Towards Ultimate Flexibilisation?, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.


Age Discrimination And Labour Law In Latin America: The Challenges Of Equality Law In Light Of Underdevelopment (With Sergio Gamonal Contreras), César Rosado Marzán Dec 2014

Age Discrimination And Labour Law In Latin America: The Challenges Of Equality Law In Light Of Underdevelopment (With Sergio Gamonal Contreras), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.


The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman Nov 2014

The J.O.B.S. Act & The New Texas Intrastate Crowdfunding Provision, Neal Newman

Neal F. Newman

No abstract provided.


In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: How To Define Who Qualifies As An 'Employer' Within The Meaning Of Title Vii, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine Oct 2014

New Rights For The Disabled: The Americans With Disabilities Act Of 1990, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine Oct 2014

The Cost Of Older Workers, Disparate Impact And The Age Discrimination In Employment Act, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Workers' Compensation In Georgia, Steven Kaminshine Oct 2014

Workers' Compensation In Georgia, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine Oct 2014

In The U.S. Supreme Court: Does Title Vii Protect Former Employees From Acts Of Retaliation By Former Employers?, Steven Kaminshine

Steven J. Kaminshine

No abstract provided.


Nlrb: Employers May Restrict Employee Use Of Office E-Mail For Union Solicitation And Other Employee Organizational Activity, John Wymer, William Barker, Windsor Adams Oct 2014

Nlrb: Employers May Restrict Employee Use Of Office E-Mail For Union Solicitation And Other Employee Organizational Activity, John Wymer, William Barker, Windsor Adams

Windsor Adams

No abstract provided.


Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett Sep 2014

Working Group On Chapter 2 Of The Proposed Restatement Of Employment Law: Employment Contracts: Termination, Lea Vandervelde, Matthew Finkin, Stephen Befort, William Corbett

William R. Corbett

No abstract provided.


Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker Jul 2014

Labour Rights In An Interregnum: The Ambiguous Legacy Of J.S. Woodsworth, Eric Tucker

Eric M. Tucker

J.S. Woodsworth was a prominent Canadian socialist who was a member of the Canadian Parliament from 1921 to 1942 and a founder of the Co-operative Commonwealth Federation (CCF), the predecessor of the present New Democratic Party (NDP). This paper uses a Gramscian framework to explore his promotion of labour rights in the inter-war years, which I argue was an interregnum, a period when the hegemony of the old order was weakened. In this period, counter-hegemonic projects were launched to challenge the old order but, at the same time, so too were liberal passive revolutionary projects that aimed to restore the …


All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey Jul 2014

All That Is Solid Melts Into Air: Worker Participation In Health And Safety Regulation In Ontario, 1970-2000, Eric Tucker, Robert Storey

Eric M. Tucker

No abstract provided.