The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.
This volume represents a search for the socioeconomic and legal origins of the employment relationship as it currently exists in the United States. Although the study was sparked by legal disputes in which farmers and other employers denied the existence of an employment relationship with migrant farmworkers, the scope of the controversy and the unresolved legal issues are not confined simply to unskilled and low-wage agricultural workers. Linder analyzes the evolution of an important legal doctrine through an examination of its origins and development in statute and case law in the political economies of both Britain and the United States.
The indispensable guide to Anglo-American Legal English Based on more than 30 years of experience in teaching Legal English, "The Translex 1,000" distills the entire terminology of Legal English down to the one thousand quintessential expressions that every lawyer and law student should know. With this book, absolute beginners, Legal English connoisseurs, native speakers and non-native speakers alike gain indispensable insights into the complex world of legal language as used in the US and UK. "The Translex 1,000" is based on an unprecedented learning concept where each term is followed by a concise and easy-to-grasp definition, an illustrative example of how the word is used in the world of lawyers, and/or interesting and useful background information. "The Translex 1,000" are systematically grouped into 19 chapters covering the following fields of law: Contract Law Law of Business Entities Commercial Law Tort Law Real Estate Law Employment Law Family Law Law of Succession Civil Litigation Arbitration Constitutional Law Administrative Law Criminal Law Criminal Procedure Antitrust Law Intellectual Property Law Tax Law Insolvency Law Insurance Law
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.
Skilled workers of the early nineteenth century enjoyed a degree of professional independence because workplace knowledge and technical skill were their "property," or at least their attribute. In most sectors of today's economy, however, it is a foundati
. . . a highly readable and informative text and an excellent addition to insolvency scholarship. . . In their entirety, the chapters of Corporate Rescue Law An Anglo-American Perspective represent one of the most incisive and relevant treatments of comparative insolvency regimes to date. . . This book is an absolute boon: it provides the reader with a mass of legal and practical insights into the workings of two ostensibly divergent systems and challenges received wisdom in a fluent and persuasive manner. Not only are legal differences examined through the lens of practice, but also commercial, philosophical and social responses to failure are considered and highlighted as possible drivers of those real distinctions that do exist. Professor McCormack has produced an exceptional work that should be required reading for academics, practitioners and policy makers alike, and is to be warmly congratulated. Sandra Frisby, Banking and Finance Law Review The issues are well chosen. They are easily the most important aspects of any corporate rescue law. The careful analysis of the technical provisions, the incorporation of the extensive scholarship on the two corporate rescue regimes and the reference to practice in the real world all help to make these chapters an indispensable tool for any scholar wishing to gain a better understanding of the similarities and differences of English and American corporate rescue laws. . . This monograph could not have come at a better time. . . The comparative account in this book will help law reformers, judges and scholars to have a better grasp of the issues and appreciate better how the two systems have dealt with them. . . Comparative law has a critical role to play in promoting mutual understanding and respect. It is hoped that this monograph will help in that respect. Wee Meng Seng, Singapore Journal of Legal Studies This book offers an unprecedented and detailed comparative critique of Anglo-American corporate bankruptcy law. It challenges the standard characterisation that US law in the sphere of corporate bankruptcy is pro-debtor and UK law is pro-creditor , and suggests that the traditional thesis is, at best, a potentially misleading over-simplification. Gerard McCormack offers the conclusion that there is functional convergence in practice, while acknowledging that corporate rescue, as distinct from business rescue, still plays a larger role in the US. The focus is on corporate restructurings with in-depth scrutiny of Chapter 11 of the US Bankruptcy Code and the UK Enterprise Act, and offers other comparative oversights. Integrating theoretical and practical insights, this book will be of great interest to academics and practitioners, and also to policymakers in the DTI, Insolvency Service and regulatory bodies.
The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.
This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.
Comprising five thematic sections, this volume provides a critical, international and interdisciplinary exploration of employment relations. It examines the major subjects and emerging areas within the field, including essays on institutional theory, voice, new actors, precarious work and employment. Led by a well-respected team of editors, the contributors examine current knowledge and debates within each topic, offering cutting-edge analysis and reflection. The Routledge Companion to Employment Relations is an extensive reference work that offers students and researchers an introduction to current scholarship in the longstanding discipline of employment relations. It will be an essential addition to library collections in business and management, law, economics, sociology and political economy.
This handbook is an indispensable teaching, research and reference guide for anyone interested in issues of labour and employment. The editors have assembled a top-flight group of authors and the end-product is an encompassing state-of-the-art review of the industrial relations field′ - Professor Bruce E Kaufman, AYSPS, Georgia State University ′This Handbook will quickly become the standard reference in industrial relations research. It provides the most comprehensive and challenging presentation of the key theoretical debates and topics of research that will shape our field well into the 21st century. All who wish to contribute to this field will need to read this volume and then build on what these authors have to say′ - Professor Thomas A. Kochan, MIT Institute for Work and Employment Research ′This authoritative panorama of the field demonstrates the contemporary vitality, breadth and critical depth of industrial relations scholarship and research. Thirty-four stimulating essays, by an international blend of leading academics, expertly review the analytical and empirical state of play across all aspects of industrial relations enquiry. In doing so, a rich agenda for further scholarly endeavour emerges′ - Paul Marginson, University of Warwick Over the last two decades, a number of factors have converged to produce a major rethink about the field of Industrial Relations. Globalization, the decline of trade unions, the spread of high performance work systems and the emergence of a more feminized, flexible work-force have opened new avenues of inquiry. The SAGE Handbook of Industrial Relations charts these changes and analyzes them. It provides a systematic, comprehensive survey of the field. The book is organized into four interrelated sections: " Theorizing Industrial Relations " The changing institutions that shape employment practice " The processes used by governments, employers and unions " Income inequality, employee wellbeing, business performance and national comparative advantages The result is a work of unprecedented scope and unparalleled ambition. It offers a compete guide to the central debates, new developments and emerging themes in the field. It will quickly be recognized as the indispensable reference for Teachers, Students and Researchers. It is relevant to economists, lawyers, sociologists, business and management researchers and Industrial Relations specialists.
