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2013 Seri Call For Papers, Michele Faioli

Michele Faioli

Dear All, SERI – Scuola Europea di Relazioni Industriali is also aimed at building expertise and capacity for PhD students, young scholars and young unionists. SERI intends to address the challenges of Industrial and Labor Relations on the comparative front lines, advising social stakeholders, launching mutual knowledge schemes and involving in analysis and formulation. This “2013 SERI Call For Papers”, also with your support, will promote highly innovative educational programs for PhD students, young scholars and young unionists. Please see the attached paper. My colleagues and I would be deeply grateful if you would consider to help us in disseminating …

L. 92/12 E Bilateralità, Michele Faioli

Michele Faioli

No abstract provided.

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

Michele Faioli

No abstract provided.

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

Michele Faioli

No abstract provided.

Riforma Lavoro, Michele Faioli

Michele Faioli

No abstract provided.

Scuola Europea Di Relazioni Industriali, Michele Faioli

Michele Faioli

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

Riorganizzare Il Lavoro Nelle Pmi Dopo La Riforma, Michele Faioli

Michele Faioli

No abstract provided.

Riforma Del Mercato Del Lavoro E Artigianato, Michele Faioli

Michele Faioli

No abstract provided.

Transnational Labour Relationships, Michele Faioli

Michele Faioli

No abstract provided.

Is There A Need To 'Substantially Modify' The Terms Of The Trips Agreement?, Varun Vaish

Varun Vaish

The TRIPS Agreement is no stranger to controversy and since its inception has been subject to harsh criticism and calls for modification. The task of defending the TRIPS Agreement, particularly from the point of view of an observer from a third world country is, therefore no mean feat. This article focuses on four major fields where a substantial modification of the TRIPS is being debated and suggests that in the light of the recent decisions of the TRIPS Council, the special and differential treatment incorporated, the intrinsic flexibilities available, and the initiatives undertaken at Doha, ‘substantial modification’ is avoidable. The …

The Effects Of Mass Consumption On American Society, Jon Foster

Jon Foster

For a generation that doesn’t relate to the ‘eighties’, fondly remembers the ‘nineties’, and came of age in the two thousands, we often think of the sixties with a bit of nostalgia; reminiscing about Woodstock, and hippies, the nuclear family or maybe the Beatles. Unfortunately, much of this understanding is isolated within a bubble; wherein the sincere socioeconomic issues of the time, often become detached from their idealistic counterpart. To clarify, the causal relations that gave rise to what my generation remembers and typifies as the ‘sixties’, becomes distorted within the context of the rapidly changing times.

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)

Fondi Interprofessionali Per La Formazione Continua, Michele Faioli

Michele Faioli

No abstract provided.

Dalla Disoccupazione All'occupazione. Riforma Del Mercato Del Lavoro (19 Aprile 2012), Michele Faioli

Michele Faioli

No abstract provided.

Analysis: Williams V Scott, Jon Foster

Jon Foster

In the case of Williams v Scott, the Court has been asked to determine the constitutionality of Senate Bill 2100 in relation to the rights of public sector employees to collectively bargain.

Flexible Work Schedule, Child Care And Female Employment In Developing Countries: Evidence Using Firm-Level Data, Mohammad Amin

Mohammad Amin

Using newly available data on whether a country gives additional legal rights or not for flexible or part-time work schedule to employees with minor children, we analyze the impact of such provision in the law on female employment. For a representative sample of manufacturing firms in 57 developing countries, we find that the stated provision in the law has a large positive effect on the employment of females. Specifically, on the conservative side, the provision in the law increases the proportion of females in the workforce by 7.7 percentage points, a large effect given that on average females constitute 32 …

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Indagine Sulla Bilateralità, Michele Faioli

Michele Faioli

No abstract provided.

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.

Something Is Better Than Nothing Enhancing The Protection Of Indian Migrant Workers Through Bilateral Agreements And Memoranda Of Understanding, Piyasiri Wickramasekara

PIYASIRI WICKRAMASEKARA

India’s has had an impressive record recently in negotiating bilateral Memoranda of Understanding (MOUs) and Memoranda of Agreement (MOAs) on emigration of Indian workers, and social security agreements for Indian workers with a number of destination countries. The study undertakes a review of MOUs and MOAs on migration of Indian workers entered into by the Government of India with destination countries in the Gulf Cooperation Council (GCC) states, Jordan and Malaysia. The findings however, have broader relevance in the context of similar MOUs by other Asian origin countries.

The study fails to find any concrete evidence that the MOUs and …

Risks Of Criminal Liability For Union Business Agents, Edwin Render

Edwin R. Render

This paper discusses some of the risks of violating criminal laws that union stewards and business agents encounter in connection with representing employees. It is not about RICO. The analysis is particularly focused on the types of crimes they might commit inadvertently in grievance meetings with management, when preparing and presenting cases in labor arbitrations and in representing and advising employees in matters such as worker’s compensation and unemployment compensation proceedings. The potential for criminal liability is discussed for business agents and union stewards in both the public and private sectors. While most business agents or stewards would not intentionally …

Patent Reversion: An Employee-Inventor's Second Bite At The Apple, Richard Kamprath

Richard Kamprath

In an attempt to more fully compensate employee-inventors without harming the return on investment of employers, a patent reversion is proposed in which the rights to the patent revert to joint ownership between the original inventor and the current owner. In Section I, the background of the relationship between employer and employee-inventor will be discussed in terms of patent rights. This section will outline the problems inherent in the pre-assignment status quo of these rights from employees to employers. Section II will begin with Part A, which is a review of previously proposed solutions to the under-compensation of employee-inventors. The …

Reposición Y Despido Incausado En La Nueva Ley Procesal Del Trabajo. Tratamiento De Su Declaratoria De Nulidad, No Circunscrita A La Figura Del Despido Nulo: A Propósito Del I Pleno Jurisdiccional Supremo En Materia Laboral 2012, Alberto Huamán Ordoñez

L. Alberto Huamán Ordoñez

No abstract provided.

Prescription For Change: Third Circuit Diagnoses Pharmaceutical Sales Representatives As Exempt From Overtime Pay In Smith V. Johnson & Johnson, Brooke Burns

Brooke Burns

This Casebrief recognizes the current division developing among courts concerning whether PSRs have been wrongly misclassified as exempt from overtime pay since the World War II era. Despite the Second Circuit’s more recent decision in In re Novartis Wage and Hour Litigation, this Casebrief identifies the Third Circuit’s jurisprudence in Smith v. Johnson & Johnson as providing controlling guidance for practitioners navigating the current legal landscape.

Implicit Bias In Employment Litigation, Melissa R. Hart

Melissa R Hart

Judges exercise enormous discretion in civil litigation, and nowhere more than in employment discrimination litigation, where the trial court’s “common sense” view of what is or is not “plausible” has significant impact on the likelihood that a case will survive summary judgment. As a general matter, doctrinal developments in the past two decades have quite consistently made it more difficult for plaintiffs to assert their claims of discrimination. In addition, many of these doctrines have increased the role of judicial judgment – and the possibility of the court’s implicit bias – in the life cycle of an employment discrimination case. …

Back To The Future: Introducing Constructive Feminism For The Twenty-First Century: A New Paradigm For The Family And Medical Leave Act, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

Abstract: At least ninety percent (90%) of American parents, mothers and fathers, say they are experiencing an acute shortage of time spent with family and an intense work-family conflict. This article provides a history and a theory that should inform our conceptualization of work-family regulation. It points to the neglected history of working-class social feminism. It shows how working-class social feminists at the beginning of the twentieth century advocated for “constructive feminism”—government support, by way of labor regulation, of what this article terms “multidimensionalism”—a life enriched by meaningful dimensions of work, family, civic participation, and culture. The Article extends this …

Labor Regulation As Family Regulation: Decent Work And Decent Families, Arianne Renan Barzilay Dr.

Arianne Renan Barzilay Dr. (J.S.D., New York University School of Law)

It is due time that we understood that regulating the family has been a longstanding goal of labor regulation. This article presents the trajectory of labor regulation as family regulation. It provides a history of the "decent standards" discourse pertaining to wage and hour regulation, and reveals its double meanings: to provide "decent work" and to promote "decent families. " It terms the goal of providing decent standards of work and wages as "productive decency" and the goals pertaining to family decency, proper gender norms, and sexual purity as "repressive decency. " It shows how labor regulation surprisingly began in …

Políticas Públicas Para La Mujer En Colombia: La Doble Condición De Madre Y Trabajadora En La Legislación Del Siglo Xx, Alejandro Pérez Y Soto Dominguez

Alejandro Pérez y Soto Dominguez

El presente artículo es un resultado preliminar de la investigación en curso “El orden mercantil: sus componentes epistemológicos e institucionales” investigación de tipo cualitativo que pretende ofrecer un acercamiento a las políticas de integración laboral de la mujer al mercado de trabajo. Aunque tradicionalmente la mujer había sido segregada a determinadas actividades no mercadeables como el hogar, y ciertos oficios, como el de maestra y enfermera, la historia del siglo XX deja ver la apertura de espacios que si bien no ofrecieron igualdad real hasta el final de la centuria, sí abrieron tímidamente espacios de participación a la mujer en …

The Right To Be Fat, Yofi Tirosh

Yofi Tirosh

Policy discussions on the increasing weight of Americans, portrayed as a problem of monumental and grim outlook, preoccupy public health experts, scientists, economists, and the popular media. In the legal field, however, discussions have tended to focus on whether weight should be a protected category under antidiscrimination law and on cost-benefit models for creating incentives to lose weight. This Article takes a novel approach to thinking about weight in the legal context. First, it maps the diverse ways in which the law is recruited to “the war against obesity,” thus providing an unprecedented account of what it means to be …

Equal Rights For Disabled People In Employment Law – A Critical Assessment (Hebrew), Sagit Mor

Sagit Mor

This article presents a pioneering research project, which seeks to explore whether and to what extent the Equal Rights for People with Disability Law, 1998, had an impact on courts' rulings on matters related to disability employment discrimination. In particular, it seeks to examine (1) whether a consistent and instructive legal doctrine has evolved, one that reflects the principles that guided the framers of the legislation, and (2) whether the legal discourse on disability has changed. The article presents the emerging theory of disability legal studies and its unique and original contribution to legal scholarship. Disability legal studies seeks to …