Search results

1 – 10 of over 1000

Abstract

In recent years, the European Commission and various Member States, citing increasingly integrated markets and higher levels of cross-border activity within the European Union (“E.U.”), have called for the adoption of effective collective redress mechanisms for victims of violations of E.U. law. Although many Member States have already adopted collective action procedures under national law, these procedures have been ineffective in stimulating private enforcement of E.U. law and are often divergent in their approach to consolidating claims. E.U. lawmakers, after a lengthy period of investigation and study, have identified a set of guiding principles for the Member States to use in enacting new collective redress procedures within their national systems. The studies and papers solicited from the public during the Commission’s deliberations are explicit in their rejection of the U.S.-style opt-out class action mechanism. In their effort to avoid similarly calamitous results, European lawmakers propose that Member States adopt “opt-in” class actions, while rejecting many of the economic incentives that some believe lead to filing nonmeritorious claims, such as punitive damages and contingency fee arrangements. The European proposal is unlikely in the authors’ view to stimulate private enforcement of European law or increase victims’ access to compensation, given the flaws inherent in the opt-in class action device. Instead of looking to adopt a “U.S.-lite” approach to victim redress which is fundamentally incompatible with many judicial systems within the E.U., the authors propose that Europeans consider adopting a regulatory administered compensation system, modeled after such U.S. examples as the Securities and Exchange Commission Fair Funds and the September 11th Victim Compensation Fund. The authors also propose that regulatory administered funds can provide more effective and efficient restitution to victims than traditional litigation.

Details

The Law and Economics of Class Actions
Type: Book
ISBN: 978-1-78350-951-5

Keywords

Article
Publication date: 1 January 1978

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…

1363

Abstract

The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:

Details

Managerial Law, vol. 21 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2004

Georgios I. Zekos

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…

9274

Abstract

Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.

Details

Managerial Law, vol. 46 no. 2/3
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 1 January 1977

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…

2045

Abstract

A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).

Details

Managerial Law, vol. 20 no. 1
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 14 December 2023

Katie Wright, Malin Arvidsson, Johanna Sköld, Shurlee Swain and Sari Braithwaite

This chapter explores what it means for adults to claim child rights. Focussing on activism against institutional child abuse, it considers the question of what happens to the…

Abstract

This chapter explores what it means for adults to claim child rights. Focussing on activism against institutional child abuse, it considers the question of what happens to the mobilisation of child rights discourse when the person claiming those rights is no longer a child. In other words, how is the concept of child rights used retrospectively and what does this reveal, both about childhood and about child rights? The chapter begins with the contention that childhood needs to be understood as not only a concept that speaks to the lives of children, their experiences, and their place within the social structure. Rather, we suggest that a more expansive view enables recognition of the enduring significance of childhood in adults’ lives. We illustrate this argument with examples of the formation of collective identities based on childhood experiences, before turning to the ways that child rights are marshalled by adults in activism, in commissions of inquiry, and in the legal sphere. Throughout the chapter, we consider issues of temporality. We explore the ways in which adult survivors of childhood abuse retrospectively claim rights denied to them in the past and we examine how activism, official inquiries, and legal mechanisms position adults in relation to their childhood selves. We then consider some of the dilemmas that arise with retrospective rights claims; particularly questions of retroactivity in relation to responsibility and redress for past abuse. Finally, we explore the temporal repositioning of childhood and how past and present is bridged. This occurs through survivor activism and, in more formal mechanisms such as inquiries, by focussing on how people are represented as child victims in the past and survivors in the present.

Details

Childhood, Youth and Activism: Demands for Rights and Justice from Young People and their Advocates
Type: Book
ISBN: 978-1-80117-469-5

Keywords

Article
Publication date: 1 May 1983

In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of…

16237

Abstract

In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of material poses problems for the researcher in management studies — and, of course, for the librarian: uncovering what has been written in any one area is not an easy task. This volume aims to help the librarian and the researcher overcome some of the immediate problems of identification of material. It is an annotated bibliography of management, drawing on the wide variety of literature produced by MCB University Press. Over the last four years, MCB University Press has produced an extensive range of books and serial publications covering most of the established and many of the developing areas of management. This volume, in conjunction with Volume I, provides a guide to all the material published so far.

Details

Management Decision, vol. 21 no. 5
Type: Research Article
ISSN: 0025-1747

Keywords

Book part
Publication date: 18 April 2009

Jennifer Earl

This article argues that troubles – including how they are identified, how responsibilities for their creation and remedy are assigned, and the actions people pursue to resolve…

Abstract

This article argues that troubles – including how they are identified, how responsibilities for their creation and remedy are assigned, and the actions people pursue to resolve them – are a central sociological concern that runs across a wide array of sub-fields. This article illustrates this point by examining how troubles are discussed in literatures including the sociology of law (or, more broadly, law and society), social movement studies, social problems, and organizational quality and conflict. Furthermore, this article argues that more is being lost by parceling these questions into disconnected sub-fields chosen based on the resolution process (i.e., use a court to resolve the problem, use a social movement, use policy-making) than is being intellectually gained. To make this point, common findings, questions, and quandaries that emerge from a broader examination of a sociology of troubles are discussed. The article recommends that a broader sociology of troubles be developed, bringing the welter of sub-fields studying troubles into smoother conversation, and recommends analyses that consider multiple resolution alternatives (e.g., filing a lawsuit, versus protesting, versus “lumping it”).

Details

Access to Justice
Type: Book
ISBN: 978-1-84855-243-2

Article
Publication date: 1 January 1983

R.G.B. Fyffe

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and…

10994

Abstract

This book is a policy proposal aimed at the democratic left. It is concerned with gradual but radical reform of the socio‐economic system. An integrated policy of industrial and economic democracy, which centres around the establishment of a new sector of employee‐controlled enterprises, is presented. The proposal would retain the mix‐ed economy, but transform it into a much better “mixture”, with increased employee‐power in all sectors. While there is much of enduring value in our liberal western way of life, gross inequalities of wealth and power persist in our society.

Details

International Journal of Sociology and Social Policy, vol. 3 no. 1/2
Type: Research Article
ISSN: 0144-333X

Keywords

Article
Publication date: 1 April 2004

Michael Barry and Robyn May

Legislative protections supporting New Zealand's compulsory arbitration system made unions a vital part of industrial relations from 1894 to 1991. Following a dramatic shift to a…

2635

Abstract

Legislative protections supporting New Zealand's compulsory arbitration system made unions a vital part of industrial relations from 1894 to 1991. Following a dramatic shift to a more deregulated labour market, the union movement suffered a sharp decline in influence and membership during the 1990s. In October 2000 the Labour‐Alliance Coalition that formed government in 1999 introduced its Employment Relations Act that includes new protections for registered trade unions. The early impact of the legislation has been to promote the registration of a plethora of new unions. However, the new unions formed since the introduction of the Act represent very few workers and have narrow interests. Although they exist formally as unions, these organisations are more accurately alternative forms of employee representation that exist to facilitate enterprise bargaining and, in some instances, to allow employers to frustrate the activities of larger, established unions.

Details

Employee Relations, vol. 26 no. 2
Type: Research Article
ISSN: 0142-5455

Keywords

1 – 10 of over 1000