Hazard or Hardship

Hazard or Hardship

Author: Jeffrey Hilgert

Publisher: Cornell University Press

Published: 2013-07-12

Total Pages: 221

ISBN-13: 0801469244

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Today, hazardous work kills 2.3 million people each year and injures millions more. Among the most compelling yet controversial forms of legal protection for workers is the right to refuse unsafe work. The rise of globalization, precarious work, neoliberal politics, attacks on unions, and the idea of individual employment rights have challenged the protection of occupational health and safety for workers worldwide. In Hazard or Hardship, Jeffrey Hilgert presents the protection of refusal rights as a moral and a human rights question. Hilgert finds that the protection of the right to refuse unsafe work, as constituted under international labor standards, is a failure and calls for a reexamination of worker health and safety policy from the ground up. The current model of protection follows an individual employment rights framework, which fails to protect workers against the inherent social inequalities within the employment relationship. To adequately protect the right to refuse as a human right, both in North America and around the world, Hilgert argues that a broader protection must be granted under a freedom of association framework. Hazard or Hardship will be a welcome resource for labor and environmental activists, trade union leaders, labor lawyers and labor law scholars, industrial relations experts, human rights advocates, public health professionals, and specialists in occupational safety and health.


Hardship and Force Majeure in International Commercial Contracts

Hardship and Force Majeure in International Commercial Contracts

Author: Fabio Bortolotti

Publisher: Kluwer Law International B.V.

Published: 2019-07-15

Total Pages: 322

ISBN-13: 9403514736

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Force Majeure and Hardship are commonly invoked in international trade when unforeseen events occur making performance impossible or impracticable. Most national legislators provide rules to deal with these issues, but the specifi c solutions adopted in domestic laws vary substantially from one country to another. In recent years the growing complexity of trade in a globalized world has greatly increased the number of situations where a party can invoke force majeure or hardship. Parties need to be able to analyse the nature and characteristics of force majeure and hardship and look for contractual clauses which can regulate these issues in conformity with their needs. Written by international practitioners, this dossier explores the evolution of the rules on hardship, the ICC Clause on Hardship and the perspectives of contract adaptation by arbitrators. The section on Force Majeure includes an overview of recent arbitral case law (impediment beyond sphere of control and risk of the obligor; foreseeability; causation; notice requirement), analysis of the ICC 2003 Force Majeure Clause and an update on its revision. Two other important themes are included: the relationship between force majeure and applicable law, general principles of law and trade usages as well as the impact of economic sanctions.


Hardship & Happiness

Hardship & Happiness

Author: Lucius Annaeus Seneca

Publisher: University of Chicago Press

Published: 2014-03-05

Total Pages: 349

ISBN-13: 022610835X

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Essays from the Stoic philosopher instructing how to find happiness in a world full of adversity. Lucius Annaeus Seneca (4 BCE–65 CE) was a Roman Stoic philosopher, dramatist, statesman, and advisor to the emperor Nero, all during the Silver Age of Latin literature. The Complete Works of Lucius Annaeus Seneca is a fresh and compelling series of new English-language translations of his works in eight accessible volumes. Edited by Elizabeth Asmis, Shadi Bartsch, and Martha C. Nussbaum, this engaging collection helps restore Seneca—whose works have been highly praised by modern authors from Desiderius Erasmus to Ralph Waldo Emerson—to his rightful place among the classical writers most widely studied in the humanities. Hardship and Happiness collects a range of essays intended to instruct, from consolations—works that offer comfort to someone who has suffered a personal loss—to pieces on how to achieve happiness or tranquility in the face of a difficult world. Expertly translated, the essays will be read and used by undergraduate philosophy students and experienced scholars alike. Praise for Hardship and Happiness “[The Complete Works of Lucius Annaeus Seneca] brings together many preeminent anglophone scholars of Seneca as editors and translators and succeeds in its aim to reach a wider audience through readable, modern English translations. . . . The overall high quality of the translations and notes make this volume (and its respective series) highly desirable for scholars and libraries alike.” —Classical Journal “A significant improvement over what has been available in English of the previous century. . . . The translations presented here admirably achieve the aim set out by the series’ editors: ‘to be faithful to the Latin while reading idiomatically in English.’ . . . Hardship and Happiness is a handsome volume, beautifully conceived and executed.” —Review of Metaphysics “We owe a debt of gratitude to Chicago for this one-volume selection of essays from long ago, which still have the power to stimulate our minds today.” —Classics for All


Relief After Hardship

Relief After Hardship

Author: Ulrich Marzolph

Publisher: Wayne State University Press

Published: 2017-04-17

Total Pages: 167

ISBN-13: 0814342760

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Contributes to the history of Middle Eastern narrative lore and its impact on Western tradition. The Thousand and One Days, a companion collection to The Thousand and One Nights, was published in 1710–1712 by French Orientalist scholar François Pétis de la Croix who advertised it as the faithful, albeit selective translation of a Persian work. Subsequent research has found that The Thousand and One Days is actually the adapted translation of a fifteenth-century anonymous Ottoman Turkish compilation titled Relief after Hardship. This compilation, in turn, is the enlarged translation of an equally anonymous Persian collection of tales that likely dates back to as early as the thirteenth century. The tales in both the Ottoman Turkish and the Persian collections are mostly tales of the marvelous and the strange, a genre that dominated much of the narrative literatures of the pre-modern Muslim world. Ulrich Marzolph's Relief after Hardship: The Ottoman Turkish Model forThe Thousand and One Days is a detailed assessment of the Ottoman Turkish compilation and its Persian precursor. Based upon Andreas Tietze's unpublished German translation of the Ottoman TurkishFerec ba'd es-sidde, it traces the origins of the collection's various tales in the pre-modern Persian and Arabic literatures and its impact on Middle Eastern and world tradition and folklore. Ottoman Turkish literature proves to be a suitable candidate for the transmission of tales from East to West long before the European translation of The Thousand and One Nights. Additionally, the concept of "relief after hardship" has the same basic structure as the European fairy tale, wherein the protagonist undergoes a series of trials and tribulations before he attains a betterment of his status. Marzolph contends that the early reception of these tales from Muslim narrative tradition might well have had an inspiring impact on the nascent genre of the European fairy tale that has come to know international success today. This fascinating compilation of tales is being presented for the first time to an English language audience along with a comprehensive survey of its history, as well as detailed summaries and extensive comparative annotations to the tales that will be of interest to literature and folklore scholars.


Hardship, Greed, and Sorrow

Hardship, Greed, and Sorrow

Author: Devorah Romanek

Publisher: University of Oklahoma Press

Published: 2019-09-05

Total Pages: 288

ISBN-13: 0806165553

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In the aftermath of the Civil War, New Mexico Territory endured painful years of hardship and ongoing strife. During this turbulent period, a U.S. military officer stationed in the territory assembled an album of photographs, a series of still shots taken by one or more anonymous photographers. Now, some 150 years later, Hardship, Greed, and Sorrow reproduces the anonymous officer’s “souvenir album” in its totality. Offering an important glimpse of the American Southwest in the mid-1860s, the book opens with a thoughtful foreword by Jennifer Nez Denetdale, who considers the varied and lingering effects that settlement, conquest, and nineteenth-century photography had on the Apaches and Navajos. In her insightful introduction accompanying the photographs, curator and scholar Devorah Romanek places the photographs in historical context and explains their unusual provenance. As she points out, the 1866 album integrates a number of important themes in connection to the Civil War and Reconstruction periods, including the French intervention in New Mexico and the internment of Navajos at the Bosque Redondo Indian Reservation. The story of the album’s provenance reads like a mystery: some loose ends remain untied and some questions remain unanswered. In addition to containing what may be the earliest extant photographs of Navajo Indians, the album features both studio and field images of U.S. Army officers, Mexican politicians, and various sites throughout New Mexico. According to Romanek, a number of the album’s photographs have appeared in other publications but with scant attention to their original context or purpose. This compelling book reveals what we know about the collection, its compiler, and the photographer—or photographers—who captured such a fraught and complex moment in the history of the American Southwest.


Force Majeure and Hardship Under General Contract Principles

Force Majeure and Hardship Under General Contract Principles

Author: Christoph Brunner

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 626

ISBN-13: 9041127925

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Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.


Happiness Through Hardship

Happiness Through Hardship

Author: Caryn Sullivan

Publisher: Balboa Press

Published: 2019-06-29

Total Pages: 54

ISBN-13: 1982227575

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Does your diagnosis have you desperate as to what to do next? Shocked, scared and practically paralyzed with your next steps? Help is here in this brilliant, quick and simplified book backed with the best advice from a two-time cancer survivor who walked in similar shoes. Like a good friend holding your hand, Caryn Sullivan’s Happiness through Hardship is written in support of cancer patients, their caregivers and/or friends who need direction during the first few weeks after diagnosis. This cancer-surviving guide book empowers readers to take immediate steps for being prepared, less-stressed and able to find a little joy within the journey. Happiness through Hardship directs those facing an initial cancer diagnosis with positivity and hope. Structured with thoughtful tips and anecdotes, this short book provides gentle guidance from the first few days to the thickness of treatments, and includes a journal and note-taking pages to be used as a reference during doctor appointments and meetings. After her own cancer diagnosis, Caryn understands the importance of a book that’s easily digestible and not overwhelmingly long. Her insight provides a little light during the darker days. The first few weeks after diagnosis are often most challenging. Caryn was blessed to have three angels, Ellen Cavaiuolo, Mary Ann Wasil and Meghan Zucker guide her throughout the early days. This book is dedicated to them and half the proceeds will be donated to metastatic breast cancer research through The Cancer Couch Foundation.


Broke

Broke

Author: Jodie Adams Kirshner

Publisher: Macmillan + ORM

Published: 2019-11-19

Total Pages: 357

ISBN-13: 1250237122

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"Essential...in showcasing people who are persistent, clever, flawed, loving, struggling and full of contradictions, Broke affirms why it’s worth solving the hardest problems in our most challenging cities in the first place. " —Anna Clark, The New York Times "Through in-depth reporting of structural inequality as it affects real people in Detroit, Jodie Adams Kirshner's Broke examines one side of the economic divide in America" —Salon "What Broke really tells us is how systems of government, law and finance can crush even the hardiest of boot-strap pullers." —Brian Alexander, author of Glass House A galvanizing, narrative account of a city’s bankruptcy and its aftermath told through the lives of seven valiantly struggling Detroiters Bankruptcy and the austerity it represents have become a common "solution" for struggling American cities. What do the spending cuts and limited resources do to the lives of city residents? In Broke, Jodie Adams Kirshner follows seven Detroiters as they navigate life during and after their city's bankruptcy. Reggie loses his savings trying to make a habitable home for his family. Cindy fights drug use, prostitution, and dumping on her block. Lola commutes two hours a day to her suburban job. For them, financial issues are mired within the larger ramifications of poor urban policies, restorative negligence on the state and federal level and—even before the decision to declare Detroit bankrupt in 2013—the root causes of a city’s fiscal demise. Like Matthew Desmond’s Evicted, Broke looks at what municipal distress means, not just on paper but in practical—and personal—terms. More than 40 percent of Detroit’s 700,000 residents fall below the poverty line. Post-bankruptcy, they struggle with a broken real estate market, school system, and job market—and their lives have not improved. Detroit is emblematic. Kirshner makes a powerful argument that cities—the economic engine of America—are never quite given the aid that they need by either the state or federal government for their residents to survive, not to mention flourish. Success for all America’s citizens depends on equity of opportunity.


The Second Chance Club

The Second Chance Club

Author: Jason Hardy

Publisher: Simon & Schuster

Published: 2021-02-16

Total Pages: 304

ISBN-13: 1982128607

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A former parole officer shines a bright light on a huge yet hidden part of our justice system through the intertwining stories of seven parolees striving to survive the chaos that awaits them after prison in this illuminating and dramatic book. Prompted by a dead-end retail job and a vague desire to increase the amount of justice in his hometown, Jason Hardy became a parole officer in New Orleans at the worst possible moment. Louisiana’s incarceration rates were the highest in the US and his department’s caseload had just been increased to 220 “offenders” per parole officer, whereas the national average is around 100. Almost immediately, he discovered that the biggest problem with our prison system is what we do—and don’t do—when people get out of prison. Deprived of social support and jobs, these former convicts are often worse off than when they first entered prison and Hardy dramatizes their dilemmas with empathy and grace. He’s given unique access to their lives and a growing recognition of their struggles and takes on his job with the hope that he can change people’s fates—but he quickly learns otherwise. The best Hardy and his colleagues can do is watch out for impending disaster and help clean up the mess left behind. But he finds that some of his charges can muster the miraculous power to save themselves. By following these heroes, he both stokes our hope and fuels our outrage by showing us how most offenders, even those with the best intentions, end up back in prison—or dead—because the system systematically fails them. Our focus should be, he argues, to give offenders the tools they need to re-enter society which is not only humane but also vastly cheaper for taxpayers. As immersive and dramatic as Evicted and as revelatory as The New Jim Crow, The Second Chance Club shows us how to solve the cruelest problems prisons create for offenders and society at large.