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Article
Publication date: 1 January 2006

Elia Marzal

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of…

3602

Abstract

Purpose

The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.

Design/methodology/approach

One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.

Findings

The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.

Originality/value

The research contributes to a better understanding of the different legal orders analysed.

Details

Managerial Law, vol. 48 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 June 1989

Howard Johnson

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act…

Abstract

The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act provided for a major overhaul of the law on copyright and on registered designs, as well as certain adjustments to patent and trademark law and two major new regimes on performers' rights and design rights. While this is a major domestic reform the law is unlikely to remain unaltered for long because of the move towards a single market within the E.E.C. by 1992. This will lead to the introduction of harmonised regimes on the various elements of intellectual property law such as copyright and industrial design which will no doubt require some readjustment to U.K. domestic law. Recently the E.E.C. Commission published a Green Paper on “Copyright and the Challenge of Technology” which suggests solutions to some questions such as the vexed problem of illegal home taping which are different to those adopted by the U.K. in the new Act. [On 21/12/88 a draft directive on Copyright & Computer Software which proposes a harmonised regime for the protection of computer programs and related matters was published]. It also has to be borne in mind that while Article 222 of the Treaty of Rome states that the treaty does not affect the existence of national intellectual property right regimes the “exercise” of these national rights may be found to infringe the provisions of the Treaty on free movement of goods (Arts. 30–36) or on competition law (Arts. 85–86).

Details

Managerial Law, vol. 31 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 June 2001

Jo Carby Hall

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an…

Abstract

Examines the situation in the UK in some detail with regard to three aspects of the Charter of Fundamental Human Rights of the European Union. Looks at the aims, together with an analysis and appraisal. Considers, first, information and consultation rights with regards to the transfer of undertakings and redundancies, followd by the right to collective action and, lastly, protection in the event of unjustifiable dismissal. Presents case law throughout as examples. Concludes that the UK has attempted to prevent social and economic rights for workers from being included in the final charter despite fierce opposition. Compares this view together with the UK suspicion of Europe against the views of the other member states.

Details

Managerial Law, vol. 43 no. 3/4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 March 1999

Allan Metz

President Bill Clinton has had many opponents and enemies, most of whom come from the political right wing. Clinton supporters contend that these opponents, throughout the Clinton…

Abstract

President Bill Clinton has had many opponents and enemies, most of whom come from the political right wing. Clinton supporters contend that these opponents, throughout the Clinton presidency, systematically have sought to undermine this president with the goal of bringing down his presidency and running him out of office; and that they have sought non‐electoral means to remove him from office, including Travelgate, the death of Deputy White House Counsel Vincent Foster, the Filegate controversy, and the Monica Lewinsky matter. This bibliography identifies these and other means by presenting citations about these individuals and organizations that have opposed Clinton. The bibliography is divided into five sections: General; “The conspiracy stream of conspiracy commerce”, a White House‐produced “report” presenting its view of a right‐wing conspiracy against the Clinton presidency; Funding; Conservative organizations; and Publishing/media. Many of the annotations note the links among these key players.

Details

Reference Services Review, vol. 27 no. 1
Type: Research Article
ISSN: 0090-7324

Keywords

Article
Publication date: 7 November 2016

Alexander Cartwright

Clearly defined and enforceable property rights are commonly recognized as prerequisites to economic calculation and the market process. The purpose of this paper is to argue that…

Abstract

Purpose

Clearly defined and enforceable property rights are commonly recognized as prerequisites to economic calculation and the market process. The purpose of this paper is to argue that when entrepreneurs add or subtract certain rights from the bundle of rights that constitute a property right they face a classic planner’s dilemma: the need to separate the technologically possible from the economically feasible. Traditionally, prices provide the signals needed to resolve the planners dilemma, but because prices refer to the entire bundle of rights that constitutes property, the entrepreneur is unable to immediately identify the combination of rights that isolates the attribute of a good consumers desire to purchase. Creating new bundles of property rights results in new prices, which generate new information essential to further developing economically viable arrangements of property rights; hence, property rights are dynamic.

Design/methodology/approach

The paper develops the theory of dynamic property rights, and then offers two case studies that illustrate different elements in the theory. One case study applies the theory to productive entrepreneurship, specifically in the sharing economy. The second case study applies the theory to protective entrepreneurship via a historical study of land title use in England and France. The author concludes with policy implications.

Findings

Recognizing that property rights are dynamic has several important implications. Restricting the bundling or de-bundling of property rights is a form of intervention in the market process equivalent to price fixing. Similarly, efforts to support property rights protecting institutions need to account for the fact that property rights bundles are not necessarily static but control over them needs to be stable and predictable. Finally, a more robust and accurate conceptualization of the marking process and what it means to “economize” on scarce resources does not just include the efficient allocation of property rights, but also the efficient allocation of the underlying rights bundles themselves.

Social implications

A dynamic theory of property rights allows the author to understand how property rights evolve and offer an account of different property rights regimes by highlight the living connection between productive and protective entrepreneurship.

Originality/value

This paper aims to integrate ideas from market process theory with entrepreneurship and institutional evolution. The paper extends the ideas in the UCLA property rights school to illuminate two case studies – one highly relevant to current policy makers, and the other relevant to development economists.

Details

Journal of Entrepreneurship and Public Policy, vol. 5 no. 3
Type: Research Article
ISSN: 2045-2101

Keywords

Article
Publication date: 1 January 1996

Jim Danky and John Cherney

In the 1960s those on the political left flattered themselves that the vast number of publications by socialists, anarchists, feminists, and other groups on that wing of the…

Abstract

In the 1960s those on the political left flattered themselves that the vast number of publications by socialists, anarchists, feminists, and other groups on that wing of the political spectrum were evidence of the rich intellectual life of the struggle to create a progressive America. Conversely, the lack of publishing by the right was evidence of a general lack of intelligence. But that was then, and this is most certainly now. The right in America has moved from margin to center over the last two decades, vindicating former Attorney General John Mitchell's boast that “the country is going so far to the right that you won't recognize it.”

Details

Reference Services Review, vol. 24 no. 1
Type: Research Article
ISSN: 0090-7324

Article
Publication date: 1 May 1991

Howard Johnson

In a recent edition of the nation's favourite soap, Coronation Street, a small incident occurred which illustrated in a nutshell the problems facing the deviser of an industrial…

Abstract

In a recent edition of the nation's favourite soap, Coronation Street, a small incident occurred which illustrated in a nutshell the problems facing the deviser of an industrial design in seeking to protect that design from being copied. Angie, a student of fashion design at the local polytechnic put on a successful show of her designs. Emboldened by the favourable reception she set out a couple of days later for an appointment with a local dress manufacturer to try and sell her designs. She returned a few hours later in tears and with hopes dashed. She had arrived at the firm only to discover that her designs were already being made up into dresses. The designs had been copied at the show and already sold to or copied by them. The incident was not without its silver lining in that in getting drunk to forget the whole sad affair this lead to a romantic interlude with fellow lodger, Curley Watts! It is the purpose of this article to examine the main strands of protection for industrial designs and to look at a proposed new European Community Design Law which has recently been published by the prestigious Max Planck Institute for Foreign and International Patent, Copyright and Competition Law (Munich, 1991). This proposal is being put to the EC Commission as the basis for an EC Regulation.

Details

Managerial Law, vol. 33 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 July 1999

Andrew K. Dragun

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property rights box…

1126

Abstract

Property rights are often seen to be the cause and the solution of a wide range of social problems especially those affecting the natural environment. But, the property rights box is indeed pandoran, spawning as many questions as it answers as a function of diverse theoretical perspectives. The literature on property rights is not homogeneous so that interpretations of problems and suggestions for solutions are highly diverse. Consequently, the value of property rights theory in understanding or solving social problems can be problematic. The recent interest in property rights theory has been spawned by the focus on the “takings” issue where a particular perspective of private property rights, as a form of natural rights, has “re”‐emerged. This “new” private property rights perspective portends radical consequences for environmental management. But the theme of this paper is that this methodology adds little insight to the understanding of property rights and environmental problems.

Details

International Journal of Social Economics, vol. 26 no. 7/8/9
Type: Research Article
ISSN: 0306-8293

Keywords

Article
Publication date: 1 May 1997

Phillip C. Wright and Penny Hartin

“As employee attitudes and actions reflect the increased public concern with social and environmental problems and the proper role of the corporation in p articipating in their…

Abstract

“As employee attitudes and actions reflect the increased public concern with social and environmental problems and the proper role of the corporation in p articipating in their solution, traditional doctrines of the employee's duties of loyalty and obedience and the employer's right of discharge will undergo increasing change…. The real question is to establish civilised parameters of permissible conduct that will not keep employees from expressing themselves… and at the same time will not introduce elements of breach of confidentiality and impairment of loyalty that will materially impair the functioning of the corporation itself. A balancing of interests, not a blind reiteration of traditional doctrines is required”.

Details

Management Research News, vol. 20 no. 5
Type: Research Article
ISSN: 0140-9174

Article
Publication date: 1 June 2003

Frank H. Stephen and Ju¨rgen G. Backhaus

After the precipitated decline of the Soviet Empire and its satellite states, a system change seemed to be called for, and many countries embarked on social and political reforms…

2341

Abstract

After the precipitated decline of the Soviet Empire and its satellite states, a system change seemed to be called for, and many countries embarked on social and political reforms focussing on property structures in the economy. This raised the issue of governance in the institutions that would constitute the structures in which production would have to take place. In particular, some Central European countries opted for mass privatisations of the means of production, on the face of it so as to have the people participate in the wealth of the nation. In fact, the wealth of the nation depends on the structures in which it is constituted. Dissipation of property rights will reduce the value of the nation's productive capital, whereas an intelligent structure that creates good governance structures at the same time, increases the value of the producing capital. This relatively simple insight lies at the heart of our understanding of how to analyse different processes of mass privatisation. This essay develops a theoretical framework by which different governance structures can be analysed. The framework consists of a blend of the economic theory of property rights, new institutional economics and Austrian economic theory.

Details

Journal of Economic Studies, vol. 30 no. 3/4
Type: Research Article
ISSN: 0144-3585

Keywords

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