Law Commons^™

Whistleblowing And The Employee’S Obligations Under The Contract Of Employment: A Critique Of Nigeria’S Position, Ibrahim Sule

Ibrahim Sule

Whistle-blowing as an emerging phenomenon may be defined as “passing on information from a conviction that it should be passed on despite (not because of) the embarrassment it could cause to those implicated” . It has recently been broadly defined as “a culture that encourages the challenge of inappropriate behavior at all levels” , ranging from financial scandal, corruption or mismanagement to health and safety issues in the workplace. Whistleblowing is both “a risky business” and a helpful practice. It is a risky business because of the dangers, the detriment and threats awaiting an employee who reveals wrongdoing in the …

La Cesión De Derechos En El Código Civil Peruano, Edward Ivan Cueva

Edward Ivan Cueva

La Cesión de Derechos en el Código Civil Peruano

The Implementation Of Laws Relating To Trade Union In Different Industries And Establishments: A Case Study Of Bangladesh, Zafrin Andaleeb, Abu Noman Mohammad Atahar Ali

Abu Noman Mohammad Atahar Ali

No abstract provided.

Segundo Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Segundo Congreso Nacional de Organismos Públicos Autónomos. "Autonomía, Profesionalización, Control y Transparencia"

Algunos Apuntes En Torno A La Prescripción Extintiva Y La Caducidad, Edward Ivan Cueva

Edward Ivan Cueva

No abstract provided.

De Quelques Paradoxes De Droit Du Travail À La LumièRe De La Directive 2002/14/Ce, Philippe Reyniers, Pierre-Paul Van Gehuchten

Philippe Reyniers

The article concerns the normative interactions between the Framework Directive on Information and Consultation and Belgian national law. It illustrates a number of paradoxes (or contradictory trends) in the development of workers' information and consultation.

On The Language Of Social Rights And New Modes Of Governance, Philippe Reyniers

Philippe Reyniers

The paper addresses the danger of two abstractions. The first is the indeterminacy of the language of fundamental social rights. The second is the abstract description of social policies within the Open Methods of Coordination. I then evaluate the possibilities of founding Social Europe on the real experience of injustice.

Calling For Stories, Nancy Levit, Allen Rostron

Nancy Levit

Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the law and literature movement evolved, it sorted itself into three strands: law in literature, law as literature, and storytelling. The storytelling branch blossomed.

Over the last few decades, storytelling became a subject of enormous interest and controversy within the world of legal scholarship. Law review articles appeared in the …

Driving Through The Dense Fog: Analysis Of And Proposed Changes To Ohio Tortious Interference Law, Eric P. Voigt

Eric P. Voigt

This Article summarizes and analyzes each element of a claim for tortious interference with a contract or a business relationship under Ohio law. It argues that certain conduct should constitute tortious interference and that other conduct should not. Although my Article focuses on Ohio law, it has a national application. The Article argues that the law of tortious interference should be developed to further competition, to protect the contractual rights of parties, and to encourage freedom of action for the alleged interferer.

This Article (1) discusses when businesses and competitors may lawfully interfere with the contracts or business relationships of …

Fired For Blogging: Are There Legal Protections For Employees Who Blog?, Robert Sprague

Robert Sprague

No abstract provided.

The Future Of Standards Supervision: Reconciling Development And Adjustment, Cleopatra Doumbia-Henry

Cleopatra Doumbia-Henry

No abstract provided.

Derogation From Labour Law Statutes Under Swedish Law, Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.

Stridsåtgärder, Särskilt Sympatiåtgärder, På Arbetsmarknaden Och Kollektiv Reglering Av Anställningsvillkor. En Internationell Jämförelse [Industrial Actions, In Particular Sympathetic Actions, And Collective Regulation Of Employment Conditions], Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.

A Rock On Which One Can Build: Friendship, Solidarity, And The Notion Of Authority, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Harassment Of Female Farmworkers - Can The Legal System Help?, Maria Ontiveros

Maria L. Ontiveros

This paper provides an in depth and highly textured description of "sexual harassment" as experienced by female farmworkers in California. It explains how the harassment is affected by the extremity of the consequences she faces if she does not comply with the harassment; the structural difficulties in the reporting of and response to these incidents of sexual harassment; the sexualization of migrant women; the cultural factors that influence the harassment; and the fluidity of her workplace. It then critiques both current legal doctrine and current feminist theories of sexual harassment as inadequate to address these workers' concerns. It suggests an …

Female Immigrant Workers And The Law: Limits And Opportunities, Maria Ontiveros

Maria L. Ontiveros

This paper explains the reasons that traditional United States labor and employment laws are incapable of effectively addressing the types of workplace problems confronting female immigrant workers. It critiques the protections supposedly offered by the free market, labor standards, antidiscrimination laws and collective bargaining. It argues that statutory exclusion, immigration issues, nonrecognition of injury, and cultural limitations thwart the effectiveness of traditional approaches. It then describes a variety of initiatives and approaches being taken at the domestic and international level that more effectively address these problems. These initiatives include the use of the Thirteenth Amendment and antitrafficking legislation, as well …

China Labor Contract Law And The Liberalization Of Global Markets: Will Employee Rights Equate To Employer Nightmares?, Sharon Breckenridge Thomas

S. Breckenridge Thomas

No abstract provided.

Decentralizing Industrial Relations: The American Situation And Its Significance In Comparative Perspective, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Googling Job Applicants: Incorporating Personal Information Into Hiring Decisions, Robert Sprague

Robert Sprague

No abstract provided.

Body And Soul, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Labor Law: 'Making Life More Human' - Work And The Social Question, Thomas Kohler

Thomas C. Kohler

No abstract provided.

Arbitration Of Discipline In The Public Sector: Case Characteristics And Party Behaviors Predicting Case Outcomes, Helen Lavan

Helen LaVan

No abstract provided.

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, Robert Sprague

Robert Sprague

No abstract provided.

Eu Sex Equality Post Amsterdam, Ann Numhauser-Henning

Ann Numhauser-Henning

No abstract provided.

Unfulfilled Expectations: An Empirical Analysis Of Why Sarbanes-Oxley Whistleblowers Rarely Win, Richard E. Moberly

Richard E. Moberly

Scholars praise the whistleblower protections of the Sarbanes-Oxley Act of 2002 as one of the most protective anti-retaliation provisions in the world. Yet, during its first three years, only 3.6% of Sarbanes-Oxley whistleblowers won relief through the initial administrative process that adjudicates such claims, and only 6.5% of whistleblowers won appeals through the process. This Article reports the results of an empirical study of all Department of Labor Sarbanes-Oxley determinations during this time, consisting of over 700 separate decisions from administrative investigations and hearings. The results of this detailed analysis demonstrate that administrative decision-makers strictly construed, and in some cases …

The Fundamentals Of Teaching Sports Law, Adam Epstein

Adam Epstein

The article lays out the fundamentals of teaching a successful Sports Law course including the subject areas of Sports Agency, Sports Contracts, Sports Torts, Sports Crimes, Title IX Issues, Disabilities in Sports, the use of Performance Enhancing Drugs (PEDs), and so on.

Exploration Of Minimum Age Employment Policies In Professional Sports, Adam Epstein

Adam Epstein

The purpose of the paper is to explore the minimum age policies of the Big Four sports leagues in the United States (NBA, NFL, MLB and NHL), and discuss the history of their policies. Emphasis is given to the legal battles waged by Spencer Haywood (NBA) and Maurice Clarett (NFL). A discussion of other sports and their minimum age policies is presented as well. The study and history of relevant antitrust law is incorporated as well.

Michigan High Schools Now In Sync, Adam Epstein

Adam Epstein

A discussion of the important case involving a decade of litigation involving the Michigan High School Athletic Association (MHSAA) and its insistence that the six girls' sports seasons that did not coincide with the boys' seasons was legal. However, the MHSAA lost its case and high school sports seasons changed beginning fall 2007 to comply with the federal gender-equity law known as Title IX.