Rites of Retaliation
Rites of Retaliation

Author: Lorien Foote

Publisher: UNC Press Books

Published: 2021-10-07

Total Pages: 313

ISBN-13: 146966528X

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During the Civil War, Union and Confederate politicians, military commanders, everyday soldiers, and civilians claimed their approach to the conflict was civilized, in keeping with centuries of military tradition meant to restrain violence and preserve national honor. One hallmark of civilized warfare was a highly ritualized approach to retaliation. This ritual provided a forum to accuse the enemy of excessive behavior, to negotiate redress according to the laws of war, and to appeal to the judgment of other civilized nations. As the war progressed, Northerners and Southerners feared they were losing their essential identity as civilized, and the attention to retaliation grew more intense. When Black soldiers joined the Union army in campaigns in South Carolina, Georgia, and Florida, raiding plantations and liberating enslaved people, Confederates argued the war had become a servile insurrection. And when Confederates massacred Black troops after battle, killed white Union foragers after capture, and used prisoners of war as human shields, Federals thought their enemy raised the black flag and embraced savagery. Blending military and cultural history, Lorien Foote's rich and insightful book sheds light on how Americans fought over what it meant to be civilized and who should be extended the protections of a civilized world.

On Retaliation
On Retaliation

Author: Bertram Turner

Publisher: Berghahn Books

Published: 2017-04-01

Total Pages: 322

ISBN-13: 1785334190

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Retaliation is associated with all forms of social and political organization, and retaliatory logics inform many different conflict resolution procedures from consensual settlement to compensation to violent escalations. This book derives a concept of retaliation from the overall notion of reciprocity, defining retaliation as the human disposition to strive for a reactive balancing of conflicts and injustices. On Retaliation presents a synthesized approach to both the violence-generating and violence-avoiding potentials of retaliation. Contributors to this volume touch upon the interaction between retaliation and violence, the state’s monopoly on legitimate punishment and the factors of socio-political frameworks, religious interpretations and economic processes.

Payback
Payback

Author: David P. Barash

Publisher: Oxford University Press

Published: 2011-02-01

Total Pages: 223

ISBN-13: 0199752982

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From the child taunted by her playmates to the office worker who feels stifled in his daily routine, people frequently take out their pain and anger on others, even those who had nothing to do with the original stress. The bullied child may kick her puppy, the stifled worker yells at his children: Payback can be directed anywhere, sometimes at inanimate things, animals, or other people. In Payback, the husband-and wife team of evolutionary biologist David Barash and psychiatrist Judith Lipton offer an illuminating look at this phenomenon, showing how it has evolved, why it occurs, and what we can do about it. Retaliation and revenge are well known to most people. We all know what it is like to want to get even, get justice, or take revenge. What is new in this book is an extended discussion of redirected aggression, which occurs not only in people but other species as well. The authors reveal that it's not just a matter of yelling at your spouse "because" your boss yells at you. Indeed, the phenomenon of redirected aggression--so-called to differentiate it from retaliation and revenge, the other main forms of payback--haunts our criminal courts, our streets, our battlefields, our homes, and our hearts. It lurks behind some of the nastiest and seemingly inexplicable things that otherwise decent people do, from road rage to yelling at a crying baby. And it exists across boundaries of every kind--culture, time, geography, and even species. Indeed, it's not just a human phenomenon. Passing pain to others can be seen in birds and horses, fish and primates--in virtually all vertebrates. It turns out that there is robust neurobiological hardware and software promoting redirected aggression, as well as evolutionary underpinnings. Payback may be natural, the authors conclude, but we are capable of rising above it, without sacrificing self-esteem and social status. They show how the various human responses to pain and suffering can be managed--mindfully, carefully, and humanely.

Retaliation and Whistleblowers
Retaliation and Whistleblowers

Author: Paul M. Secunda

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 809

ISBN-13: 9041127720

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Each year, the New York University Annual Conference on Labor calls on outstanding scholars and practitioners in the field to come together to survey and analyze new developments and trends in U.S. labor law and practice. This volume reproduces the texts (updated and reworked by the authors) presented at the 2007 Conference, the 60th in this venerable and highly influential series, at which the theme was and“Retaliation and Whistleblowersand” . There could not be a more timely exploration of this complex workplace issue. The United States Supreme Court, in several pending cases and in the recent landmark cases of Burlington Northern v. White and Garcetti v. Ceballos, has turned its full attention to workplace retaliation claims. States and municipalities also continue to struggle in laying out the scope of permissible claims under state constitutional and statutory whistleblower provisions and under the common law of wrongful discharge. Among the new and significant issues considered in this volume are the following: new limits on the scope of the cause of action in the wake of Burlington Northern; implied protection of employee activity under ADEA and the FLSA; the scope of and“protected activityand” under and§ 806 of the Sarbanes-Oxley Act; issues of privilege when investigation counsel are used to inform corporate decision-making; state whistleblower laws and the expansion or preemption of common law protections under the common law tort of wrongful discharge; NLRA protection of collective protests by non-union workers; and potential expansion of the formal definition of and“jobsand” under Garcetti v. Ceballos to foreclose the first amendment avenue. Besides papers by panelists at the Conference, ten other leading practitioners and academics also provide commentary in this volume. As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics and others interested in developments in U.S. employment and labor relations law and practice.

Sexual Harassment and Retaliation
Sexual Harassment and Retaliation

Author: Roxella T. Cavazos

Publisher: American Bar Association

Published: 2019

Total Pages: 0

ISBN-13: 9781641053013

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Harassment claims based on sex, not just sexual conduct or language, continue to increase. At the same time, these cases are becoming more complex and difficult to litigate. With the in-depth contributions of seasoned employment law practitioners from across the country, this important book provides a best practices guide for attorneys who litigate cases on behalf of plaintiff/employees and defendants/employers. Focusing on gender harassment and retaliation under Title VII of the Civil Rights Act, the book begins by providing a platform for which the practitioner can assess and handle gender harassment and retaliation case. The book supplies guidance for performing a thorough analysis of the elements which must be proven and should be considered throughout the litigation of a claim, including planning and defending depositions.

No Fear
No Fear

Author: Marsha Coleman-Adebayo

Publisher: Chicago Review Press

Published: 2011-09-01

Total Pages: 498

ISBN-13: 1569769397

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As a young, black, MIT-educated social scientist, Marsha Coleman-Adebayo landed her dream job at the EPA, working with Al Gore, assisting post-apartheid South Africa. But when she tried to get the government to investigate allegations that a multinational corporation was responsible for the deaths of hundreds of South Africans mining vanadium—a vital strategic mineral--she found that the EPA was the first line of defense for the corporation. When the agency stonewalled, Coleman-Adebayo blew the whistle. How could she know that the agency with a hippie-like logo would use every racist and sexist trick in their playbook in retaliation? The EPA cost her her career, endangered her family, and sacrificed more lives in the vanadium mines of South Africa—but also brought about an upwelling of support from others in the federal bureaucracy who were fed up with its crushing repression. Upon prevailing in court, Coleman-Adebayo organized a grassroots struggle to bring protection to all federal employees facing discrimination and retribution from the government. The No FEAR Coalition that she organized waged a two-year-long battle with Congress over the need to protect whistleblowers—and won. This book is her harrowing story.

WTO Retaliation
WTO Retaliation

Author: Michelle Limenta

Publisher: Bloomsbury Publishing

Published: 2017-02-23

Total Pages: 261

ISBN-13: 1509900020

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The central point of this book concerns three main issues: the problems of WTO retaliation, the question of the effectiveness of retaliation, and the purposes of retaliation. WTO retaliation is often deemed ineffective due to its inherited shortcomings. This book highlights the significance in identifying the purposes of retaliation prior to evaluating its effectiveness. Put differently, it refers to the purpose-based approach of effectiveness. It is a common understanding that the purpose of WTO retaliation is to induce compliance. This book, nevertheless, argues in favour of coexistence of the multiple purposes of retaliation, including reaching a mutually agreeable solution. These views are based on the extensive research conducted on the purposes of WTO retaliation, namely through interpreting Article 22 of the DSU; examining the remedies rules within the frameworks of public international law, and law and economics; and assessing the academic writings/debates as well as the statements of arbitrators. Finally, by evaluating a number of disputes involving WTO retaliation, this book demonstrates the reasonableness and soundness of WTO retaliation in light of its multiple purposes.

Retaliation in the WTO Dispute Settlement System
Retaliation in the WTO Dispute Settlement System

Author: Madeleine Merkx

Publisher: Kluwer Law International B.V.

Published: 2013-08-01

Total Pages: 314

ISBN-13: 9041148221

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Drawing on EU VAT implementing regulations, ECJ case law, and national case law, this ground-breaking book provides the first in-depth, coherent legal analysis of how the massively changed circumstances of the last two decades affect the EU VAT Directive, in particular the interpretation of its four specified types of establishment: place of establishment, fixed establishment, permanent address, and usual residence. Recognising that a consistent interpretation of types of establishment is of the utmost importance in ensuring avoidance of double or non-taxation, the author sheds clear light on such VAT issues as the following: ; the concept of fair distribution of taxing powers in VAT; role of the neutrality principle; legal certainty in VAT; place of business for a legal entity or partnership, for a natural person, for a VAT group; beginning and ending of a fixed establishment; the ‘purchase’ fixed establishment; meaning of ‘permanent address’ and ‘usual residence’; the position of the VAT entrepreneur with more than one fixed establishment across jurisdictions; whether supplies exchanged between establishments are taxable; administrative simplicity and efficiency; VAT audits and the prevention of fraud; the intervention rule and the reverse charge mechanism; right to deduct VAT for businesses with multiple establishments; and cross-border VAT grouping and fixed establishment. Thoroughly explained are exceptions that take precedence over the general rules, such as provisions regarding: immovable property; transport services; services relating to cultural, artistic, sporting, scientific, educational, entertainment, or similar activities; restaurant and catering services; electronically supplied services; transfers and assignments of intellectual property rights; advertising services; certain consulting services; banking, financial and insurance transactions; natural gas and electricity distribution; telecommunication services; and broadcasting services. As the first truly authoritative resource on a topic of increasing importance in international tax – a key topic for businesses, tax authorities, tax advisors, and government regulators – this book will be warmly welcomed by all professionals working with taxation in legal practice, business, academe, and government.