Arbitration law in Italy comes from various sources - the code of civil procedure, certain references within various laws, and the numerous bilateral and multilateral conventions to which Italy is a party. Without guidance, practitioners and academics risk missing an interpretational twist which changes the effect of the law. This book aims to provide the essential guidance needed to assure a complete, informed understanding of the law. The book concisely and effectively presents the law of arbitration in Italy through individual analyses of all relevant provisions. Accompanying notes, where appropriate, interpret the provisions and provide practical applications of each rule of law in the light of doctrinal writings, court decisions, and field experience. These notes straightforwardly present the black letter law on the topic in question. Areas covered include: dispute settlement; transnational litigation; conflict of laws; civil law; and procedural law. The text also addresses all of the main problems relating to arbitration as a method of dispute settlement by the parties' election, including: relations with state jurisdiction; status of the arbitrator; arbitrator impartiality; related duty of disclosure issues; challenges to arbitral awards; and enforcement of domestic and foreign awards in Italy. This book is offered in four languages - English, French, German, and Italian - for ease of reading for a geographical variety of audiences. Footnotes and cross-references also enhance its credibility.

Although much information is available about the trade provisions of NAFTA, little has been written on its provisions governing the international transfer of labor. For multinationals to remain competitive in the world market, they not only must access international markets for their products, but also the labor force to help them "provide" products. This book is a review of the immigration provisions of NAFTA and a step-by-step guide to help corporate management utilize them in their hiring practices. It also provides a reference source for legal material not easily found elsewhere, a description of the laws and the procedures they govern, a detailed description of how to complete INS forms, and checklists and suggestions to help do so. A unique guide for human resource executives and for their colleagues in the academic community interested in international business practices.

Part I provides a brief overview of the standard immigration provisions that relate to all NAFTA visas. Part II discusses the legal requirements for business persons, treaty traders and investors, and intracompany transferees who enter the United States to conduct business. Part III describes in detail how the United States businesses can hire Canadian and Mexican professionals. Step-by-step descriptions note important differences in the procedures for professionals from Canada and Mexico. The authors describe what professionals qualify, how to complete INS form, obtain TN status for professional employees, apply for extensions, and change or end employment. One chapter is devoted to issues relating to the professional's family. Part IV discusses supplementary issues of the effect of strikes, employer legal obligations, and obtaining permanent residence. The Appendixes include the full text of chapter 16 of NAFTA, relevant laws, INS forms, and checklists and addresses that businesses will find useful for preparing and filing INS petitions.

Employment Law in Contextis the perfect guide to the legal principles that students are likely to encounter on a day-to-day basis as a HR professional. Written by experienced HR practitioners and covering all aspects of the employment relationship from beginning to end, the book also provides invaluable guidance on how to apply the legal principles across a range of practical workplace scenarios.

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. In this volume, prominent academics examine the Roberts Court's handling of business-related cases, through a series of empirical and doctrinal analyses. Issues covered include securities law, antitrust, labor law, preemption, and environmental law, among others. Business law and regulatory cases touch on many important legal doctrines and can have far-reaching effects. Understanding the bases upon which the Supreme Court decides business-related cases is of tremendous importance to practitioners and academics. It can also further greater understanding of one of the nation's most important government institutions. These issues are of interest to academics, but also of practical importance to Supreme Court and business practitioners.

Irwin asserts that the federal government, in the name of preserving national security, has imposed such additional regulation on American businesses that their competitive position in global markets has been severely compromised. In his well-written, cogently argued account of the impact of national security regulations on competitive freedom, Irwin demonstrates that federal government agencies--the Departments of State, Commerce, and Defense; the National Technical Information Services; the Federal Communications Commission; and others--all attempt to micromanage the firM's decision to sell, buy, invest, innovate, and compete internationally. In addition, Irwin shows, jurisdictional disputes among the various federal agencies for control over corporate economic activities further exacerbate the problem by hampering the corporation's ability to react quickly to market conditions. As his analysis clearly illustrates, the end result is a price/cost squeeze on U.S. firms that handicaps their ability to compete with overseas rivals.

Some of the results of increased government oversight Irwin identifies directly threaten overall U.S. competitiveness abroad. U.S. corporations find that the compliance cost of regulation is privatized, thus lifting total costs. The combination of dampened revenues and inflated costs curtails the resources for future product development--a vital factor in maintaining market position. And, Irwin demonstrates, this federal policy which acts to reward offshore rivals at the expense of U.S. firms is grounded on political consensus: the political right favors export control while the political left supports import control. The effect of this dual policy emphasis, Irwin argues, is a national security policy that serves to punish the U.S. firm in an environment of increased global risk, competition, and rivalry. Students of international business and public policy, as well as government decision makers themselves, will find Irwin's study enlightening and provocative.

Providing fresh insights from the archival record, Who governs Britain? revisits the 1970-74 Conservative government to explain why the Party tried - and failed - to reform the system of industrial relations. Designed to tackle Britain's strike problem and perceived disorder in collective bargaining, the Industrial Relations Act 1971 established a formal legal framework to counteract trade union power. As the state attempted to disengage from and 'depoliticise' collective bargaining practices, trade union leaders and employers were instructed to discipline industry. In just three-and-a-half years, the Act contributed to a crisis of the British state as industrial unrest engulfed industry and risked undermining the rule of law. Warner explores the power dynamics, strategic errors and industrial battles that destroyed this attempt to tame trade unions and ultimately brought down a government, and that shape Conservative attitudes towards trade unions to this day. -- .

The Selected Papers in this volume, written over a period of some 20 years, represent just a small part of Marco Biagi's scientific writings, and are reprinted here with a view to showing the range, depth and originality of his research work. While many of his papers dealing with labour relations issues in the Italian context were published in Italian, Marco's long association with Johns Hopkins University and Dickinson College, along with his close links with the leading scholars in comparative labour law and industrial relations not just in the member states of the European Union, but also in many other countries, including Japan, were of fundamental importance for his work, and as a result he chose to publish many of his most thought-provoking papers in English. What emerges from a reading of these papers is the integrity and consistency of his thinking: themes that appear in his early work, such as industrial democracy, employee participation, training for flexibility, the role of small and medium-sized enterprises, and innovative strategies for creating new jobs and improving the quality of work, are further developed in the later years. He always wrote with a sharp eye on changes in the labour market arising from economic, social and political developments, such as most recently the introduction of the single currency, and always with a view to extending the benefits of employment opportunities beyond the existing limits. His ideas will continue to play an influential role in thinking about employment issues for many years to come.

This book provides the first overarching, empirically grounded, critical analysis of child trafficking as an idea, ordering principle, and artefact of politics. It examines (once) hegemonic anti-child trafficking discourse, policy and practice, and does so by placing secondary literature from around the world in conversation the author's paradigmatic case study of the situation in southern Benin. It deconstructs the child trafficking paradigm, contrasts it with 'real' histories of child and youth labour and mobility, and seeks to explain it by going 'inside' the anti-trafficking field. In doing so, Howard tells a gripping story of ideology at work.

"A smart, well-documented book about a group of people determined to hold the powerful to account."-2021 NPR "Books We Love" "Journalism at its best."-2022 Southwest Books of the Year: Top Pick A 2021 Immigration Book of the Year, Immigration Prof Blog Investigative Reporters & Editors Book Award Finalist 2021 How Latino activists brought down powerful Arizona sheriff Joe Arpaio. Journalists Terry Greene Sterling and Jude Joffe-Block spent years chronicling the human consequences of Sheriff Joe Arpaio's relentless immigration enforcement in Maricopa County, Arizona. In Driving While Brown, they tell the tale of two opposing movements that redefined Arizona's political landscape-the restrictionist cause advanced by Arpaio and the Latino-led resistance that rose up against it. The story follows Arpaio, his supporters, and his adversaries, including Lydia Guzman, who gathered evidence for a racial-profiling lawsuit that took surprising turns. Guzman joined a coalition determined to stop Arpaio, reform unconstitutional policing, and fight for Latino civil rights. Driving While Brown details Arpaio's transformation-from "America's Toughest Sheriff," who forced inmates to wear pink underwear, into the nation's most feared immigration enforcer who ended up receiving President Donald Trump's first pardon. The authors immerse readers in the lives of people on both sides of the battle and uncover the deep roots of the Trump administration's immigration policies. The result of tireless investigative reporting, this powerful book provides critical insights into effective resistance to institutionalized racism and the community organizing that helped transform Arizona from a conservative stronghold into a battleground state.

"The Law on Age Discrimination in the EU" is edited by Malcolm Sargeant. The EC Directive establishing a general framework for equal treatment in employment and occupation covers a number of grounds of discrimination including age. The EU's population is ageing, but there is much evidence that age discrimination is widespread. The Directive is a reaction to that and the consequent desire to encourage greater participation in the labour market by older workers. This is the first time that age discrimination has been made unlawful by the EU and, as a result, there are now laws in every Member State making such discrimination unlawful. The Directive, and much of the national legislation, however, treats age discrimination differently to the other grounds for unlawful discrimination. It is the only area which permits direct discrimination. Age discrimination generally may still be objectively justified by a legitimate aim if the means of achieving that aim are appropriate and necessary. Such aims include legitimate employment policy, labour market, and vocational training objectives. This insightful book, written by national experts in eight Member States and at the EU level, considers the ways in which the Directive has been implemented in some of the Member States and the extent to which they have taken advantage of the exceptions that are inherent in the Directive. Particular issues that are covered are: what legislation has been adopted in each country; the development of the case law that exists in some States; the demographic imperative existing in each country; measures taken to improve the position of young people; retirement and the exit from the workforce of older workers; and, the approach and case law of the European Court of Justice. As an important contribution towards an understanding of age discrimination within the European Union, this book opens a field of law that has heretofore not been considered in all its seriousness. It will be of real value to lawyers, human resource management professionals, and those with an interest in discrimination and EU issues. It is an important contribution to what will be a developing field of study.

Although it is well-known that administration of social security is a sensitive political issue, the great variety of this type of administration makes it difficult for researchers to seek meaningful patterns that can lead to useful knowledge. Fortunately, this book takes an important step in the approach to the problem. Its focus is on the role of non-public actors - primarily social partners (employers' organizations and trade unions), employers, and private bodies (e.g., insurance companies and funds) - in determining the content, decision-making, and supervision of social security schemes. The editors asked a group of well-qualified researchers from countries of varying types of social security and welfare systems to describe and analyse the role of non-public actors in their national systems from a comparative point of view. The countries covered are Germany, France, Finland, the Netherlands, Denmark, Sweden, United Kingdom, Czech Republic, Spain, and the United States. Administration of benefits for old age, sickness and disability, unemployment, and health care is studied, with an overall interest in the relationships between the involvement of non-public actors, the state, and the insured or covered persons. The pattern that appears sheds new light on such elements as the following:;factors that influence whether non-public actors have a role in the organization of a social security system at what level involvement of non-public actors takes place; prevailing views on, and experiences of, their roles; the impact of their roles (or lack thereof) on the system, in terms of distribution of responsibilities, participation of the insured and covered persons, and access to benefits; who pays for the scheme; who decides to whom the scheme applies; and who takes decisions on benefits in individual cases.;;;;;; The ten country chapters are bookended by introductory and concluding essays that assess such underlying issues as transparency, the goals of the various interest groups, distribution of tasks, issues of democracy, and the degree of control by public bodies. In the last chapter a framework emerges that is helpful for explaining some of the developments noted in the country reports, and that should also prove useful for countries when considering changes in their own systems. The study clearly reveals problems that occur in social security administrations and choices countries can make in realizing their social security objectives.

Sabbaticals for everyone? Not quite, but there's plenty of good reason to extend them beyond academia and into selected sectors of the world outside. Lawyer and teacher Daniel C. Kramer shows from his own meticulous research and others' that sabbatical programs that now exist have produced greater benefits than costs, and that they could be spread to most of the American work force with a simple amendment to the Family and Medical Leave Act of 1993. They must be conceived and administrated commonsensically, of course, and there will always be places where they won't work. But there's enough evidence that they will work--primarily in organizations of more than 50 people--and in the public and private sectors both. A challenging, thought-provoking book for policy- and executive decision-makers throughout the country, and new fuel for debate within the academic community as well.

Kramer summarizes just about all of the existing research on the topic and finds that the benefits of sabbaticals to those who have taken them far exceed whatever disruptions they may have caused to their organizations. He examines for-profit companies, high tech as well as the more traditional ones, and not-for-profit and governmental organizations too. He looks at elementary and secondary schools, medical settings, and churches and reports on the personal experiences of many who have taken them, summarized from other books and articles as well as from what was disclosed to him personally in the course of his own conversations with more than 100 people in various work settings. Sabbatical grantees travel, spend more time with their children, or just relax--and most of them return to their desks more enthusiastic about their work and better able to do it than before they left. From the organization's viewpoint, Kramer finds that sabbaticals are not as costly as many think, nor do they impede the work flow as some fear--not if they are administrated with ordinary understanding of the basic principles he carefully elucidates. He concludes with a discussion of how such programs could easily be mandated into law, and gives a final, persuasive argument why he thinks they should be.

This book assesses the phenomenon of international framework agreements (IFAs), examining their implementation and impact around the world as well as their promotion of ILO standards. This volume includes contributions from fifteen international specialists to give a comprehensive discussion of the 80-plus IFAs that existed in July 2010.

The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and seeks to demonstrate that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of shifts in policy-making technique. From the governance perspective, labour law is a particularly useful focus of study, given the range of traditional and new approaches to governance which have been attempted, from harmonisation through framework measures to the open method of coordination, and the range of actors involved in the policy making process. The intention is not to provide an exhaustive account of European intervention in the labour law arena. Instead it provides a framework to enable the reader to think about the role that the EU has, and should, play in this field, and argues that European level intervention can make a valuable contribution to the making of labour law in European Member States.

Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK's crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. 'Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.' - Keith Ewing, Professor of Public Law, King's College London 'An important contribution to socio-legal research on care work and labour law.' - Judy Fudge, Professor of Labour Law, University of Kent 'Innovative and meticulous; merits a very wide readership.' - Lizzie Barmes, Professor of Labour Law, Queen Mary University of London 'A really important text which shows, through deep analysis of care workers' stories, how badly undervalued their work is... It offers an excellent analysis.' - Robin Allen QC, Cloisters Chambers 'A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.' - David Brindle, Public Services Editor, The Guardian 'Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.' - Joanne Conaghan, Professor of Law, University of Bristol

The rapid proliferation everywhere of non-standard work arrangements, and the dramatic transformation of labour markets that inevitably follows, raise crucial questions about the future of labour law in national and regional contexts. Is labour law being called upon to perform the new function of promoting employment and actually creating jobs? Is it moving away from its original mission of protecting people at work, and instead protecting and fostering employability? How are labour law regimes in various countries reacting to this pressure? To what extent are they redirecting their focus? Are they in fact resisting the pressure to change and impeding the progress of job creation policies? These are among the vital questions addressed at an international conference organised in Modena, Italy, in April 2000 by the International Club Meeting of Labour Law Periodicals, an informal forum linking a number of reviews from around the world under the auspices of The International Journal of Comparative Labour Law and Industrial Relations (IJCLLIR). This book records the work of this discussion, offering the contributions of outstanding scholars from ten countries in all five continents. In particular, "Job Creation and Labour Law" highlights the ongoing debate between those who believe that legislative employment protection has little or no effect on overall employment and those who insist it is an essential factor in ensuring the continuity of a competent and adequate workforce. Scholars, practitioners, lawmakers, and others interested in the changing state of labour law will appreciate the expert authorship and truly international perspective of this insightful work.

The traditional legal textbooks aim to give students of the law a synoptic overview of the present state of law in a particular area. In doing so, most books offer only a cursory assessment of how the law came to be the way it is and what economic, political and social forces were brought to bear during its evolution. This study seeks to offer students a different kind of text, which takes as its starting point the law as it was in 1945. Guiding the student through four-and-a-half decades of almost continuous legislative activity, Davies and Freedland show how the law was created, and why it looks as it does today. The history explored is from 1945 to 1990, but not including the period since Mr Major succeeded Mrs Thatcher as Prime Minister. Paul Davies is also the editor of the "Industrial Law Journal". Mark Freedland has also written "The Contract of Employment" and "Labour Law, Cases and Materials" (with Paul Davies).

China's labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China's leaders have responded not only with repression but with reforms. Are China's workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal? In A New Deal for China's Workers? Cynthia Estlund views this changing landscape through the comparative lens of America's twentieth-century experience with industrial unrest. China's leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America's New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China's one-party regime, is both driving and constraining every facet of its response to restless workers. China's leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China's laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund's sharp observations and crisp comparative analysis make China's labor unrest and reform legible to Western readers.

"Presented in a user-friendly style, this book is an invaluable tool for all students of employment law. It provides excellent discussion of key areas of the current law." Jane Johnson, Senior Lecturer, CoventryUniversity Employment Law is a thought-provoking account of employment law suitable for students approaching the subject for the first time. Legal principles are introduced in the political, social and economic context in which they operate, while statistics and examples are used to relate the law further to the world in which employment law functions.

With the decline of collective regulation and the mushrooming of statutory rights in the developed world over the past half-century, individual workplace disputes are now often resolved by the civil courts, by labour courts, by administrative bodies or by arbitration. The nature and operation of these institutions, however, have been largely ignored in the employment literature and this book, by focusing on the institutional architecture itself, fills this gap.
Adjudicating Employment Rights looks at the institutions in ten countries across its chapters: seven European countries, including France, Germany, Italy and Great Britain, as well as countries outside Europe, such as the USA, South Africa and New Zealand. In addition, this book compares these countries' employment adjudication regimes through descriptive comparisons, the analysis of different institutions using well-known theoretical frameworks, and the evaluation of these countries' institutions against a number of yardsticks.

Getting By offers an integrated, critical account of the federal laws and programs that most directly affect poor and low-income people in the United States-the unemployed, the underemployed, and the low-wage employed, whether working in or outside the home. The central aim is to provide a resource for individuals and groups trying to access benefits, secure rights and protections, and mobilize for economic justice. The topics covered include cash assistance, employment and labor rights, food assistance, health care, education, consumer and banking law, housing assistance, rights in public places, access to justice, and voting rights. This comprehensive volume is appropriate for law school and undergraduate courses, and is a vital resource for policy makers, journalists, and others interested in social welfare policy in the United States.

At the beginning of the twenty-first century the term 'privacy' gained new prominence around the world, but in the legal arena it is still a concept in 'disarray'. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees' privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.