Global Labor and Employment Law for the Practicing Lawyer

Author: Andrew P. Morriss
Publisher: Kluwer Law International B.V.
ISBN: 9041132651
Format: PDF, ePub, Mobi
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In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia - twenty-seven in all - use their unique strengths to address issues worthy of concern in each juridical realm. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field.

Research Handbook on the Economics of Labor and Employment Law

Author: Michael L. Wachter
Publisher: Edward Elgar Publishing
ISBN: 1781006113
Format: PDF, Kindle
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ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.

ABA Journal

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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The False Promise of Green Energy

Author: Andrew P. Morriss
Publisher: Cato Institute
ISBN: 1935308416
Format: PDF, Mobi
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Green energy promises an alluring future---more jobs in a cleaner environment. We will enjoy a new economy driven by clean electricity, less pollution, and, of course, the gratitude of generations to come. There's just one problem: the lack of credible evidence that any of that can occur. The False Promise of Green Energy critically and realistically evaluates the claims of green-energy and green-jobs proponents who argue that we can improve the economy and the environment, almost risk-free, by spending hundreds of billions of taxpayer dollars in return for false or highly speculative promises. The book examines the claims green-energy proponents make, including assertions of how green energy will revitalize the job market, produce new forms of clean transportation, and improve environmental health and safety, energy efficiency, and more. The authors explore the underlying politics and gamesmanship lurking below the surface. Proponents of green energy are a large, vocal alliance of special interests---corporations, politicians, and environmentalists---who have found common cause in demanding huge taxpayer subsidies for an assortment of programs under the rubric "green jobs." As detailed in this compelling book, the ultimate agenda---and its impact if implemented---is far larger and more insidious than acknowledged. Green-energy mobilization calls for restructuring the world's economy and social organization on the basis of myths about forecasting, technologies, and economics. The False Promise of Green Energy illustrates the irresponsibility of attempting to transform modern society with borrowed money, wishful thinking, and bad economics. It shows how the top-down control programs offered by green-energy and green-jobs advocates are unlikely to achieve positive results compared with allowing competitive forces to continue to provide ever greater environmental quality and energy efficiencies.

Retaliation and Whistleblowers

Author: Paul M. Secunda
Publisher: Kluwer Law International B.V.
ISBN: 9041127720
Format: PDF
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Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

Multiracials and Civil Rights

Author: Tanya Katerí Hernández
Publisher: NYU Press
ISBN: 1479876755
Format: PDF, ePub, Docs
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Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race. In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law. The legal and political analysis is enriched with Hernández's own personal narrative as a mixed-race Afro-Latina. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

Commercial Agency Franchise and Distribution Contracts

Author: Martijn W. Hesselink
Publisher: Walter de Gruyter
ISBN: 3866537077
Format: PDF, Mobi
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The rules presented in this volume of "Principles of European Law" deal with commercial agency, franchise and distribution contracts, and with other contracts where one party uses the other party's skill and efforts to bring its products to the market. Although these Principles are not directly applicable to other long-term (commercial) contracts, some of the Articles may be applied to such contracts by way of analogy where appropriate. The economic function of all three contracts is that they are instrumental in bringing products to the market. They are so-called vertical agreements, as they are agreements between economic actors on different levels in the production and distribution chain. Obviously, the economic importance of these contracts is enormous since they form the connection between producers and retailers who sell the products to consumers and other final users. There are only very few economic sectors where producers regularly sell their products directly to final consumer users. Goodwill compensation after the ending of a distribution contract, the moment at which the agent's commission is due, the franchisor's obligation to maintain the good reputation of the network are but a few examples of issues where specific rules are needed in order to give legal practice some guidance and to provide practitioners with a reasonable degree of legal certainty.