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Full-Text Articles in Law
Labour Law And Transnational Law: The Fate Of Legal Fields / The Trajectory Of Legal Scholarship, Harry Arthurs
Labour Law And Transnational Law: The Fate Of Legal Fields / The Trajectory Of Legal Scholarship, Harry Arthurs
Conference Papers
In this lecture, I’m going to explain how and why I came to write my article, The Law of Economic Subordination and Resistance. I hope that by doing so, I will be able to shed some light not only on my own field of labour law, but on the larger problem of how legal fields or domains of legal knowledge, come into existence, change or become obsolete, and in the end are either transformed or superseded altogether. I will be talking about labour law, but I hope you will be thinking about transnational law. I’m going to try to persuade …
Cinquante Ans D’Analyses Des Mutations Des Normes Du Travail En Amérique Du Nord: Voyage Comparatiste Autour De La Pensée De Harry Arthurs, Marie-Ange Moreau
Cinquante Ans D’Analyses Des Mutations Des Normes Du Travail En Amérique Du Nord: Voyage Comparatiste Autour De La Pensée De Harry Arthurs, Marie-Ange Moreau
All Papers
La pensée de Harry Arthurs permet de parcourir les changements intervenus dans l’analyse des protections des travailleurs depuis 50 ans en Amérique du Nord en raison du développement de la « nouvelle économie » qui sape les constructions anciennes du droit du travail élaborées à l’époque fordiste. Ses analyses construites à partir d’une approche de relations industrielles, et du « socio legal pluralism », conduisent au-delà de l’approche comparatiste à poser des questions centrales, autour des transformations normatives, de leurs causes, de leur sens, de leur avenir, autour de la citoyenneté sociale dans le monde post-moderne, autour des frontières du …
Origins And Prospects For Employee Life And Health Trusts In Canada, S. B. Archer
Origins And Prospects For Employee Life And Health Trusts In Canada, S. B. Archer
Osgoode Legal Studies Research Paper Series
A discussion of the events and factors behind the establishment of pre-funded health benefit plans in Canada with reference to the experience of voluntary employee benefit associations in the United States and the auto sector restructuring in North America during 2008-2009. It is argued that "employee life and health trusts" are used in effect to defease legacy cost liabilities of employers and only likely to be used in the context of restructuring of a workplace or industry. their structure is compared to other target benefit programs currently being proposed in Canada and elsewhere. The key issues in their negotiation and …
Collective Bargaining, Sara Slinn
Collective Bargaining, Sara Slinn
Commissioned Reports, Studies and Public Policy Documents
This research project reviews and evaluates the academic literature relating to obtaining and maintaining collective bargaining rights under the OLRA. Research indicates that procedural changes to representation processes including the mandatory representation vote significantly reduced the likelihood of certification, and that these effects were concentrated in more vulnerable units. This may partly be due to greater opportunity for delay and employer resistance under vote procedure compared to under card-based certification. The research also indicates that delay has significant effects on certification outcomes, as do ULP complaints and employer resistance tactics. ULPs have negative long-term effects, and are associated with difficulties …
Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie
Introduction: War Measures And The Repression Of Radicalism, 1914-1939, Barry Wright, Eric Tucker, Susan Binnie
Articles & Book Chapters
This fourth volume in the Canadian State Trials series, Security, Dissent, and the Limits of Toleration in War and Peace, 1914–1939, brings readers to the period of the First World War and the inter-war years. it follows an approach similar to that of others in the series. the central concern remains the legal responses of Canadian governments to real and perceived threats to the security of the state. the aim is to provide a representative and relatively comprehensive examination of Canadian experiences with these matters, placed in broader historical and comparative context.
Succession And Transfer Of Businesses In Canada, Eric Tucker, Christopher Grisdale
Succession And Transfer Of Businesses In Canada, Eric Tucker, Christopher Grisdale
Articles & Book Chapters
Canada is a liberal market economy and as such the freedom of owners of capital to transfer businesses is not heavily regulated and the rights of workers affected by those transfers are limited. Before discussing those rights some preliminary matters need to be addressed.