A Purposive Approach To Labour Law

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A Purposive Approach to Labour Law

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Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 320
Isbn : 0198759037
Identifier : 9780198759034
Release : 2016-03-24
Publisher by : Oxford University Press
Category :
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples for the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

A Purposive Approach to Labour Law

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Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 270
Isbn : 0191076856
Identifier : 9780191076855
Release : 2016-05-05
Publisher by : Oxford University Press
Category : Law
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples of the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

A Purposive Approach to Labour Law

Download A Purposive Approach To Labour Law Book or Ebook File with PDF Epub Audio and Full format File

Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 270
Isbn : 0191076848
Identifier : 9780191076848
Release : 2016-05-06
Publisher by : Oxford University Press
Category : Law
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples of the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

The Labour Constitution The Enduring Idea of Labour Law

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Author by : Ruth Dukes
Languange Used : English, France, Spanish, Italia and chinese
Page : 244
Isbn : 0199601690
Identifier : 9780199601691
Release : 2014
Publisher by : Oxford University Press, USA
Category : Law
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Description : Read Now The Labour Constitution by Ruth Dukes and you can download with pub, pdf, txt, doc, and more file format with free account. this volume examines different approaches to the study of labour law, comparing traditional with more market-focussed approaches. it argues that the idea of the labour constitution continues to offer a useful framework for scholarly analysis, emphasising the critical nature of the link between democracy and the protection of workers' interests.

Humans as a Service The Promise and Perils of Work in the Gig Economy

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Author by : Jeremias Prassl
Languange Used : English, France, Spanish, Italia and chinese
Page : 208
Isbn : 019879701X
Identifier : 9780198797012
Release : 2018-03-28
Publisher by : Oxford University Press
Category : Business & Economics
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Description : Read Now Humans As A Service by Jeremias Prassl and you can download with pub, pdf, txt, doc, and more file format with free account. the digital revolution is changing the way we work. online platforms like amazon's mechanical turk and uber connect workers and consumers directly, promising both convenience and flexibility. but convenience comes at a price. traditional protections for workers have been denied to those selling their services in the 'gig' economy. algorithms can discriminate and deny workers their livelihoods without chance of reply. in 'humans as a service' jeremias prassl cutsthrough the rhetoric of the sharing economy to expose the systematic exploitation of the new class of digital workers. he shows how legal reform can end the exploitation and restore worker protectionfor the digital age.

The Concept of the Employer

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Author by : Jeremias Prassl
Languange Used : English, France, Spanish, Italia and chinese
Page : 259
Isbn : 0198735537
Identifier : 9780198735533
Release : 2015
Publisher by : Oxford University Press, USA
Category : Law
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Description : Read Now The Concept Of The Employer by Jeremias Prassl and you can download with pub, pdf, txt, doc, and more file format with free account. based on the author's thesis (doctoral - oxford university, 2012), under title: the notion of the employer in multilateral organisational settings.

Employment Law Review

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Author by : Erika C Collins
Languange Used : English, France, Spanish, Italia and chinese
Page : 800
Isbn : 1912377683
Identifier : 9781912377688
Release : 2017-04-07
Publisher by : Law Business Research Ltd.
Category :
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Description : Read Now Employment Law Review by Erika C Collins and you can download with pub, pdf, txt, doc, and more file format with free account. the employment law review, edited by erika c collins of proskauer rose llp, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. as well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate m&a deals. other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. contributors include: els de wind, van doorne; annie elfassi, loyens loeff. "e;excellent publication, very helpful in my day to day work."e; - mr frederic thoral, head of hr, bnp paribas"e;excellent coverage and detail on each country is brilliant."e; - mr raani costelloe, general manager of legal and business affairs, sony music entertainment, australia"e;an excellent resource for in-house counsel for a company with an international footprint."e; - mr john r pendergast, senior counsel, basf corporation, usa"e;it's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - oran kiazim, vice president, global privacy, sterlingbackcheck, uk

The Oxford Handbook of American Sports Law

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Author by : Michael A. McCann
Languange Used : English, France, Spanish, Italia and chinese
Page : 648
Isbn : 0190465956
Identifier : 9780190465957
Release : 2018
Publisher by : Oxford University Press
Category : Law
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Description : Read Now The Oxford Handbook Of American Sports Law by Michael A. McCann and you can download with pub, pdf, txt, doc, and more file format with free account. the oxford handbook of american sports law takes the reader through the most important controversies and critical developments in law and u.s. sports. over the course of 30 chapters, leading scholars explore this expanding and captivating area of law. the handbook is the first book to gather dozens of perspectives on sports law controversies in the united states, and will be of interest to those who study and practice sports law, as well as journalists, broadcasters, and legally minded sports fans. the oxford handbook of american sports law incorporates analysis of key historical events in sports law-such as the rise of free agency in professional sports and the concept of "amateurism" for college athletes-and their broader context. contemporary legal controversies in u.s. sports and their accompanying questions are also of central importance: in a sensible legal system, how would long-term neurological injuries from contact sports be addressed? how would the use of racially insensitive team names be resolved? how would a seemingly trivial dispute over air pressure in footballs be studied from the competing perspectives of players, teams, and leagues? the oxford handbook of american sports law weighs not just the facts, but how courts and lawmakers ought to consider the most important questions at stake. the essays in this volume also canvass the types of legal controversies in sports likely to surface in the future. this is particularly true of law and technology matters, including those related to broadcasting and streaming. legal doctrine has been and will continue to be forced to adapt to these developments, and the handbook both forecasts coming debates and outlines where the law may be headed.

Criminal Law in the Age of the Administrative State

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Author by : Vincent Chiao
Languange Used : English, France, Spanish, Italia and chinese
Page : 280
Isbn : 0190273941
Identifier : 9780190273941
Release : 2018-11-12
Publisher by : Studies in Penal Theory and Ph
Category : Law
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Description : Read Now Criminal Law In The Age Of The Administrative State by Vincent Chiao and you can download with pub, pdf, txt, doc, and more file format with free account. what is the criminal law for? one influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. on this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. in criminal law in the age of the administrative state, vincent chiao offers an alternative, public law account. what the criminal law is for, chiao suggests, is sustaining social cooperation with public institutions. consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. by starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. from this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Encyclopedia of law and economics. 2. Labor and employment law and economics

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Author by : Kenneth G. Dau-Schmidt
Languange Used : English, France, Spanish, Italia and chinese
Page : 233
Isbn : 9781847207296
Identifier : 1847207294
Release : 2009
Publisher by : no defined
Category : Law and economics
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Researching Forced Labour in the Global Economy Methodological Challenges and Advances

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Author by : Genevieve Lebaron
Languange Used : English, France, Spanish, Italia and chinese
Page : 228
Isbn : 9780197266472
Identifier : 0197266479
Release : 2018-12-21
Publisher by : Proceedings of the British Aca
Category : Business & Economics
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Description : Read Now Researching Forced Labour In The Global Economy by Genevieve Lebaron and you can download with pub, pdf, txt, doc, and more file format with free account. by most accounts, forced labour, human trafficking, and modern slavery are thriving in the global economy. recent media reports -- including the discovery of widespread trafficking in thailand's shrimp industry, forced labour in global tea and cocoa supply chains, and the devastating deaths of workers constructing stadiums for qatar's world cup-- have brought once hidden exploitation into the mainstream spotlight. as public concern about forced labour has escalated, governments around the world have begun to enact legislation to combat it in global production. yet, in spite of soaring media and policy attention, reliable research on the business of forced labour remains difficult to come by. forced labour is notoriously challenging to investigate, given that it is illegal, and powerful corporations and governments are reluctant to grant academics access to their workers and supply chains. given the risk associated with researching the business of forced labour, until very recently, few scholars even attempted to collect hard or systematic data. instead, academics have often had little choice but to rely on poor quality second-hand data, frequently generated by activists and businesses with vested interests in portraying the problem in a certain light. as a result, the evidence base on contemporary forced labour is both dangerously thin and riddled with bias. researching forced labour in the global economy gathers an interdisciplinary group of leading scholars to tackle this problem. it provides the first, comprehensive, scholarly account of forced labour's role in the contemporary global economy and reflections on the methodologies used to generate this research.

Landmark Cases in Property Law

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Author by : Simon Douglas
Languange Used : English, France, Spanish, Italia and chinese
Page : 344
Isbn : 1509900268
Identifier : 9781509900268
Release : 2015-06-25
Publisher by : Bloomsbury Publishing
Category : Law
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Description : Read Now Landmark Cases In Property Law by Simon Douglas and you can download with pub, pdf, txt, doc, and more file format with free account. landmark cases in property law explores the development of basic principles of property law in leading cases. each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – how are property rights acquired? what is the content of property rights? what are the limits or boundaries of property? how are property rights extinguished? individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. these themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of roman legal reasoning on the common law of property. one or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. this makes for a coherent and provocative collection, and ensures that landmark cases in property law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.