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Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin
Flexibility And Fairness In Liberal Market Economies: The Comparative Impact Of The Legal Environment And High Performance Work Systems, Alexander Colvin
Alexander Colvin
This paper compares management flexibility in employment decision-making in the United States and Canada through a cross-national survey of organizations in representative jurisdictions in each country, Pennsylvania and Ontario respectively, that investigates the impact of differences in their legal environments. The results indicate that, compared to their Ontario counterparts, organizations in Pennsylvania have a higher degree of flexibility in employment outcomes, such as higher dismissal and discipline rates, yet do not experience any greater flexibility or simplicity in management hiring and firing decisions. One explanation for this result may lie in the finding that organizations in Pennsylvania experience greater legal …
The Technicality Requirement, Patents Scope And Patentable Subject Matter In Australia, William Van Caenegem
The Technicality Requirement, Patents Scope And Patentable Subject Matter In Australia, William Van Caenegem
William Van Caenegem
The technicality requirement confines patentable subject matter to practical processes and products. It excludes theoretical knowledge and methods of conducting services as such from patentability. In a post-industrial age, there may be good arguments to abandon this limiting requirement, because innovation has become highly scientific and because services now form such an important part of industrial activity. However, because the underlying effect of the requirement is to limit the scope of patent claims, it should arguably be retained: patents of excessively broad scope have a negative aggregate welfare effect. In any case, even within the constraints of technicality, courts applying …
Fixed-Term Work In Nordic Labour Law, Ann Numhauser-Henning
Fixed-Term Work In Nordic Labour Law, Ann Numhauser-Henning
Ann Numhauser-Henning
The purpose of this article is to describe the regulation of fixed-term work and its most recent developments within Nordic labour law, referring to the labour law of Denmark, Finland, Norway and Sweden.
Flexible Qualification – A Key To Labour Law?, Ann Numhauser-Henning
Flexible Qualification – A Key To Labour Law?, Ann Numhauser-Henning
Ann Numhauser-Henning
This article argues that flexible knowledge (and thus continuous education) has the potential to out-date employment protection versus new forms of works as the touchstone oflabour law discourse in the Knowledge Society. Hitherto labour law discourse has usually focused on labour market segmentation in terms of a core group of permanently employed workers and more peripheral groups of workers in atypical employment. However, recent Swedish labour market statistics show that employability in terms of qualification appears to be the crucial quality, regardless of mode of employment, when it comes to the risk for the individual of being subjected to unfavourable …