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Marriage is often compared to a “contract.” This analogy purports to proceed from a settled concept called “contract,” under which legitimate obligations derive from consent. The analogy creates confusion when applied in the legal context. In law, “contract” refers to a broad category of legal obligation. Many legal theorists believe “contractual” enforceability should be based solely on consent. But as a matter of positive legal doctrine, consent is neither necessary nor sufficient to establish enforceability. A contract's enforceability also depends on its relationship to public welfare.

Thus the “contract” analogy does not constitute a legal justification for an approach to marriage based solely on the consent of the parties. It merely expresses a normative preference for a consent-based approach. The chapter illustrates this point using examples of current marriage-related issues, such as covenant marriage, prenuptial agreements, and same-sex marriage.

To review recent enforcement actions in which the Securities and Exchange Commission (“SEC”) enforced Rule 21F-17(a) under the Securities Exchange Act, which prohibits actions to impede whistleblower communications with the SEC, and to identify changes that entities subject to SEC regulation (including public companies, broker-dealers and investment managers) may wish to consider in their employee separation agreements and other documents that may include confidentiality provisions.

Examines settled cases since 2015, in which the SEC found that contractual provisions in employee separation agreements and other documents impeded employees from communicating with the SEC staff about possible violations of the securities laws, to identify the types of language that the SEC found to be problematic and the types of provisions that the SEC believes are desirable, if not legally mandated, to protect employee whistleblower rights and avoid impeding communications under Rule 21F-17(a).

Beginning in 2015, the SEC has actively enforced Rule 21F-17(a), focusing on provisions in separation agreements and other employee-related documents that potentially prevent employees from reporting legal violations to the SEC. The SEC’s efforts have resulted in settled orders involving alleged violations of the rule. The cases generally allege that provisions in employee separation agreements or other documents violated the rule because they prohibited or chilled employee communications with the SEC about possible legal violations.

Entities subject to SEC regulation (including public companies, broker-dealers and investment managers) should review their confidentiality agreements with employees and consider whether changes are warranted to address the SEC’s concerns as identified in the Rule 21F-17(a) cases.

Practical guidance regarding important whistleblower developments from experienced securities lawyer.

Uses the concept of institutional separation to examine changes in the management of industrial relations in an organization studied on two occasions ten years apart. Argues that the concept provides insights into the management of industrial relations, but needs to be modified to take account of the form of institutional separation and the employees and issues under consideration.

The purpose of this paper is to explore the importance of cross‐communal cooperation and its contribution to peacebuilding and reconciliation in Northern Ireland through the opinions of 752 respondents.

A multivariate analysis of the respondents' opinions was gathered through a Public Opinion Survey (MBU 2006), which addresses the issue of physical separation of the Catholic and Protestant communities in the context of the Northern Ireland peace process.

Findings indicate that religion is a key variable in any discussion of the sustainability of the Northern Ireland peace process in relation to cross‐community initiatives, social and economic integration as well as existing divisions between both communities. Moreover, professional and skilled worker respondents disagreed that the impacts of physical separation between both communities supports the peace process. Catholic Nationalists and respondents from Belfast city and the Western region of Northern Ireland were less likely to perceive the physical separation of both communities as negatively impacting the peace process.

The implication for practice necessitates that the liberal peacebuilding model includes hybrid approaches to harness external economic aid in post‐accord societies that are inclusive of local people, ideas and concerns.

The value of the paper to practitioners and policymakers is that the research on the impact of external economic aid on cross community conflict must include the triangulation of both qualitative and quantitative methods to fully grasp its complexity.

The purpose of this paper is to study the implementation of a new open-ended contract termination in 2008 in France, called the rupture conventionnelle (RC), which is a mutually agreed contract termination. More precisely, this paper analyses first the impact of the RC on the employers’ termination decisions (termination or not?). Then it seeks to provide empirical evidence of a substitution between the RC and other contract terminations (if there is termination, what types?).

The approach is first empirical. The author uses two matched firms’ data sets: one relating to the movement of employees and other from accounting data from 2006 to 2009. Using a propensity score matching method, the author creates two similar (from observable characteristics) firms’ groups – those that used RC in 2009 and those not. The author compares the evolution of the employment decisions between the two groups between 2008 and 2009 in order to identify the specific effect of the RC in the user firms.

The results indicate that the introduction of the RC tends to increase workforce exits and does lead to much more job destruction in the user firms, i.e. job destruction would have been weaker in the user firms if the RC had not been implemented. Substitutions with dismissals for personal reasons and for economic reasons also may have appeared, albeit weakly.

The RC seems an important measure to make the labour market more flexible, especially in France where EPL is often criticize for its rigidities. But few studies analyse the consequences of this new institutional rule on firms’ behaviour and with firms’ data set. Then this paper provides first some understanding and assessment of the economic effects of the RC.

The authors review the German voluntary turnover literature and examine how it reflects and extends the overall knowledge of employee turnover. First, the authors describe legal, institutional, and cultural influences specific to Germany that may affect voluntary turnover and its relationships with antecedents and outcomes. The authors then explain how research paradigms, which in German turnover research are primarily embedded in sociology and labor economics and to a lesser degree psychology and management, affect the lens by which voluntary turnover is examined. For instance, the variety of research perspectives leads to a variety of research questions, theories, data, and methodological approaches. Using these diverse perspectives, the authors explain how measurement and data quality concerns may hamper the understanding of turnover in cross-country/cross-cultural comparisons. This review further reveals many similarities with US-based turnover research, regarding the theories, methods, and results. The authors also find that turnover levels are, on average, considerably lower in Germany than in Anglo-Saxon labor markets. The authors suggest that the industry structure in Germany, coined by its strong and traditionally organized “Mittelstand” companies, may partly drive these findings. The authors close by identifying several research opportunities, available through advances in technology to improve the matching process, nonstandard work arrangements (such as in the gig economy), and a broader perspective on institutional peculiarities.

The purpose of this paper is to study turbulent flow separation at the airfoil trailing edge. This work aims to improve the knowledge of stall phenomenon by creating a QDNS database for the NACA412 airfoil.

Quasi-DNS simulations of the NACA 4412 airfoil in pre-stall conditions have been completed. The Reynolds number based on airfoil chord and freestream velocity is equal to 0.35 million, and the freestream Mach number to 0.117. Transition is triggered on both surfaces for avoiding the occurrence of laminar separation bubbles and to ensure turbulent mixing in the wake. Four incidences have been considered, 5, 8 10 and 11 degrees.

The results obtained show a reasonably good correlation of the present simulations with classical MSES airfoil simulations and with RANS computations, both in terms of pressure and skin-friction distribution, with an earlier and more extended flow separation in the QDNS. The database thus generated will be deeply analysed and enriched for larger incidences in the future.

No experimental or HPC numerical database at reasonable Reynolds number exists in the literature. The current work is the first step in that direction.

The purpose of this paper is to develop a knowledge‐based decision support tool used for assisting en‐route air traffic controllers by generating resolutions for dual aircraft conflicts after being integrated into a model‐based conflict detection and conflict resolution system.

Air traffic controller knowledge, which was obtained from the literature research, about solving aircraft conflicts is represented in a decision tree. Then it is written in Visual Basic programming language. With reference to several rules form the expert air traffic controller knowledge and some factors which affect controller conflict resolution process, the tool generates advisories consisting of eight kinds of separation strategies.

The paper finds that it is expected to increase the safety of air traffic system by supporting air traffic controller in conflict resolution process. Controller workload can be reduced by fast, reliable and acceptable resolution advisories of the tool.

The accuracy of decision tree is limited with the adequacy and quality of knowledge obtained from references, several assumptions and interpretation. Because of the unavailability of a model‐based conflict detection and resolution tool, the tool could not be evaluated in simulations.

After being integrated into a model‐based decision support tool, it can reduce the deficiencies of the model‐based tool such as low degree of resolution acceptance by controllers and low‐resolution speed by providing expert air traffic controller knowledge to the tool.

Outsourcing has become an important strategic tool in today’s competitive business environment. This paper describes the steps within four stages of outsourcing process: planning, developing, implementing and evaluation. The role of outsourcing being not only a cost‐saving method but also part of the overall management strategy to focus on core competitiveness is emphasized in the discussion. Additionally, the detailed steps and considerations that are required for successful implementation of an outsourcing effort are also addressed.

The purpose of this paper is to study the unsteady boundary layer flow of a micropolar fluid past a circular cylinder which is started impulsively from rest.

The nonlinear partial differential equations consisting of three independent variables are solved numerically using the 3D Keller‐box method.

Numerical solutions for the velocity profiles, wall skin friction and microrotation profiles are obtained and presented for various values of time t and material parameter K with the boundary condition for microrotation n=0 (strong concentration of microelements) and n=1/2 (weak concentration of microelements). The results are presented along the points on the cylinder surface, starting from the forward to the rear stagnation point, for small time up to the time when the boundary layer flow separates from the cylinder.

It is believed that this is the first paper that uses the 3D Keller‐box method to study the unsteady boundary layer flow of micropolar fluids. In the last four decades, there has been overhelming interest shown by researchers in micropolar fluids and still many problems are unsolved. The paper shows not only the fundamental importance of this problem, but also the implications for situations of practical interest.