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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 March 1990

Jo Carby‐Hall

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at…

Abstract

In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at looking towards its future.

Details

Managerial Law, vol. 32 no. 3/4/5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 May 1973

Melford Stevenson J.

October 20, 1972 Trade union — Expulsion — Construction of rules — Member employed by non‐union firm — Liability under rules to expulsion — Whether discretion to impose penalty…

Abstract

October 20, 1972 Trade union — Expulsion — Construction of rules — Member employed by non‐union firm — Liability under rules to expulsion — Whether discretion to impose penalty less than expulsion — No notice of charge — Member not told of right to appeal to executive council — Validity of expulsion — National Graphical Association Rules, 1961, rr.37(10), 38(1).

Details

Managerial Law, vol. 14 no. 2
Type: Research Article
ISSN: 0309-0558

Book part
Publication date: 28 May 2012

Sue Winton

The chapter explains how and why the Toronto District School Board (TDSB)'s Safe Schools policy has moved from a zero tolerance approach to progressive discipline and prevention…

Abstract

The chapter explains how and why the Toronto District School Board (TDSB)'s Safe Schools policy has moved from a zero tolerance approach to progressive discipline and prevention and examines the outcomes for racialized students.

The chapter draws on findings from a critical policy analysis of the TDSB's Safe Schools policy cycle and its connections to various provincial policy cycles through a conceptual policy web.

The TDSB's transition from a zero tolerance approach to discipline to a combination of progressive discipline and prevention has arisen from complaints against the board and the government of Ontario filed by Ontario's Human Rights Commission (OHRC), the shooting death of a student in a TDSB high school and changing legislation. Although suspension and expulsions rates have decreased since changes were introduced, the board's discipline policies still appear to have a disproportionately negative impact on racialized students. The board and province's reluctance to collect race-based data in relation to suspensions and expulsions makes it difficult, yet not impossible, to track progress towards equitable policy outcomes.

Adopting a progressive discipline approach to maintaining safe schools can help keep more students in school without compromising school safety. However, Safe Schools policy includes both texts and practices so equitable outcomes are not guaranteed by rewriting formal policy texts.

Details

Living on the Boundaries: Urban Marginality in National and International Contexts
Type: Book
ISBN: 978-1-78052-032-2

Article
Publication date: 1 April 1985

J.R. Carby‐Hall

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were…

Abstract

It will be recalled that the last monograph treated the significance of the collective agreement in society. If solely a function in society, (though having a legal basis), were to be attributed to the collective agreement, this would mean that no rights or obligations whatsoever would be created between the parties to it. This is not so in practice. It is of course a fact that no legally enforceable rights and obligations normally accrue, and as already indicated, those are moral ones and are only enforceable in honour, i.e. a gentleman's agreement. Nevertheless, this does not necessarily mean that the collective agreement has no juridical significance. Even agreements which are binding in honour only, as for example the kind of agreement found in Balfour v. Balfour, have a known juridical nature. Furthermore, though the collective agreement is only binding in honour, its incorporation into the individual contract of employment makes its terms legally enforceable even though recourse to the courts is seldom had. As a source of rights and obligations of considerable importance the collective agreement must therefore have some juridical significance and cannot remain entirely in the realms of society.

Details

Managerial Law, vol. 27 no. 4
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: 28 June 2013

Rafi Nets

Collective memory of conflicts is assembled around major events, such as, in the context of the Israeli‐Palestinian conflict, the 1948 Palestinian exodus from the central cities…

1082

Abstract

Purpose

Collective memory of conflicts is assembled around major events, such as, in the context of the Israeli‐Palestinian conflict, the 1948 Palestinian exodus from the central cities of Lydda and Ramla. To date, however, various theoretical aspects of major events of conflicts have not been considered in the literature. This article aims to address this lack by exploring for the first time the way in which the causes for that exodus were presented in Israel from 1949 to 2005.

Design/methodology/approach

Methodologically, this is based on studies that have analyzed separately the publications by various Israeli state establishments (e.g. National Information Center, Ministry of Education, the National Archive, and the army – IDF), and those by various Israeli‐Jewish societal establishments (e.g. the research community, newspapers and 1948 war veterans).

Findings

Theoretically, the article contributes various insights, pertaining, for example, to: the five Manifestation Characteristics and the two Influence Characteristics of major events of conflicts; the eight determinant factors that shape the impact of these events; and the dynamic nature of the representation of major events.

Originality/value

Taken altogether, this article contributes to the empirical and theoretical research on the major events in conflicts.

Details

International Journal of Conflict Management, vol. 24 no. 3
Type: Research Article
ISSN: 1044-4068

Keywords

Article
Publication date: 1 May 2014

Yi-Ching Chang, Kuei-Chi Lee, Mei-Fen Miao and Huei-Jen Yu

In response to the increasing demands for energy saving and carbon reduction under current global trends, we apply 10 fashion summer tops from Paris and New York made of cotton…

Abstract

In response to the increasing demands for energy saving and carbon reduction under current global trends, we apply 10 fashion summer tops from Paris and New York made of cotton and CVC fabrics, fabric that has moisture transferring and sweat expulsion abilities, and fabric with moisture transferring and sweat expulsion properties that also imparts a cooling sensation in this study. Furthermore, by analyzing the activity of sympathetic and parasympathetic nerves which are measured by a heartbeat variability analyzer, we have obtained the relative comfort results in both the dynamic and static modes while the tested subject is wearing garments made from the 4 types of fabrics. We have tried to bring out the relationship between summer fashion style, fabric type and comfort. The test results indicate that the fabric with moisture transferring and sweat expulsion abilities can greatly increase the comfort of the garment and the comfort will be further increased if the fabric adds nano mineral-powder that imparts a cooling sensation for further moisture transferring and sweat expulsion. Finally, less coverage and stress on the top part (neck, shoulders and upper back) of the human body can reduce induced pressure and increase the relative comfort.

Details

Research Journal of Textile and Apparel, vol. 18 no. 2
Type: Research Article
ISSN: 1560-6074

Keywords

Book part
Publication date: 24 March 2005

Herbert L. Baer, Virginia G. France and James T. Moser

This paper develops a model that explains how the creation of a futures clearinghouse allows traders to reduce default and economize on margin. We contrast the collateral…

Abstract

This paper develops a model that explains how the creation of a futures clearinghouse allows traders to reduce default and economize on margin. We contrast the collateral necessary between bilateral partners with that required when multilateral netting occurs. Optimal margin levels balance the deadweight costs of default against the opportunity costs of holding additional margin. Once created, it may be optimal for the clearinghouse to monitor the financial condition of its members. If undertaken, monitoring will reduce the amount of margin required but need not affect the probability of default. Once created, it becomes optimal for the clearinghouse membership to expel defaulting members. This reduces the probability of default. Our empirical tests suggest that the opportunity cost of margin plays an important role in clearinghouse behavior particularly their determination of margin amounts. The relationship between volatility and margins suggests that participants face an upward-sloping opportunity cost of margin. This appears to dominate the effects that monitoring and expulsion might have on margin setting.

Details

Research in Finance
Type: Book
ISBN: 978-0-76231-161-3

Book part
Publication date: 16 July 2014

Keisha Fletcher-Bates

This qualitative study examined urban school personnel’s opinions, perceptions, and strategies in implementing the following: (a) locally mandated Zero Tolerance Discipline…

Abstract

This qualitative study examined urban school personnel’s opinions, perceptions, and strategies in implementing the following: (a) locally mandated Zero Tolerance Discipline Policies, (b) nationally mandated standardized high-stakes testing laws, and (c) how the two combined can be counterproductive to one another. Three themes emerged from the research. The first and predominate theme that emerged and discussed was “perspectives that described the potential impact standardized high-stakes assessments have on African American male students that violate the Zero Tolerance Discipline Policy.” The research and its recommendations are valuable to policymakers, education advocates, stakeholders, superintendents, boards of education, administrators, teachers, and parents.

Details

African American Male Students in PreK-12 Schools: Informing Research, Policy, and Practice
Type: Book
ISBN: 978-1-78350-783-2

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