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1 – 10 of over 118000The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But…
Abstract
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.
Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.
The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.
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From earliest times the land and all it produced to feed and sustain those who dwelt on it was mankind's greatest asset. From the Biblical “land of milk and honey”, down through…
Abstract
From earliest times the land and all it produced to feed and sustain those who dwelt on it was mankind's greatest asset. From the Biblical “land of milk and honey”, down through history to the “country of farmers” visualised by the American colonists when they severed the links with the mother country, those who had all their needs met by the land were blessed — they still are! The inevitable change brought about by the fast‐growing populations caused them to turn to industry; Britain introduced the “machine age” to the world; the USA the concept of mass production — and the troubles and problems of man increased to the present chaos of to‐day. There remained areas which depended on an agri‐economy — the granary countries, as the vast open spaces of pre‐War Russia; now the great plains of North America, to supply grain for the bread of the peoples of the dense industrial conurbations, which no longer produced anything like enough to feed themselves.
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To provide an in-depth survey and review of innovation in library and information services (LIS) and to identify future trends in innovative research and its practical application…
Abstract
Purpose
To provide an in-depth survey and review of innovation in library and information services (LIS) and to identify future trends in innovative research and its practical application in the field.
Methodology/approach
An in-depth review and summation of relevant literature over the last twenty years, along with an analysis and summary of the other papers in the volume.
Findings
Innovation in library and information work varies between the evolutionary and the discontinuous. A taxonomy of innovatory approaches to development and provision in the sector is provided, along with a detailed listing of the key elements of successful and not-so-successful innovative practice.
Research limitations/implications
The work is dependent on existing literature rather than direct empirical work. However, because it draws together all major aspects of the topic, it has the potential to be used as a springboard for further generic studies and also specific programmes of work.
Practical implications
The need for innovation in LIS will be ever more pressing. The present chapter provides a necessary and rigorous overview of the necessary elements required for success in this area. It will be useful as a reference tool for intending researchers in library and information provision in a wide range of environments.
Originality/value
Because the chapter brings together a substantial body of information on the topic of innovation, it provides a comprehensive study of major developments and likely future trends in the field.
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George J. Moscarino and Michael R. Shumaker
This decree by the Nazi Government in 1933 is probably the single most important event leading to the advent of bank secrecy laws as we know them today. This criminal provision…
Abstract
This decree by the Nazi Government in 1933 is probably the single most important event leading to the advent of bank secrecy laws as we know them today. This criminal provision was enacted to halt the German Jews' movement of assets out of Germany and into Swiss banks — a movement that was occasioned by the Government's attempt to seize the Jews' assets. Swiss banks were chosen because of their geographic proximity, but more so because of Switzerland's then unofficial policy of confidentiality over banking deposits and transactions.
The author takes a comprehensive look at the accessibility of e-resources for all people, including those with disabilities, in the context of collection development (CD).
Abstract
Purpose
The author takes a comprehensive look at the accessibility of e-resources for all people, including those with disabilities, in the context of collection development (CD).
Methodology/approach
Employing a combination of research methodologies
Findings
Several professional library organizations recommend accessibility-sensitive selection and procurement procedures. However, not all students enrolled in library school programs might learn about the issue. Few books on the subject cover the issue adequately. Nationwide, CD policies requiring conformance to accessibility standards are the exception; and when librarians meet to make decisions about the selection of specific e-resources, the needs of people with disabilities are rarely on their radar screens.
Research limitations/implications
Researchers conducting similar surveys in the future might want to not only select a statistically more representative sample of academic libraries but also widen their focus and include both accessibility and usability in their investigations.
Practical implications
Textbook authors and course instructors in the area of CD need to address accessibility and usability. Librarians need to raise the issue with database and e-book vendors during license negotiations.
Social implications
The acquisition of e-resources designed to be accessible and usable for all will enable people with disabilities to participate more fully in our information-driven society.
Originality/value
The data collected provide for a broad discussion of the extent to which the needs of people with disabilities are considered in connection with CD.