As genetic technologies advance, genetic testing may well offer the prospect of detecting the onset of future disabilities. Some research also forwards that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed, or the propensity for risk-taking. As this technology becomes more prevalent, there is a danger that genetic information may be misused by third parties and that particular genetic profiles may be discriminated against by employers, by providers of social goods and services, such as insurance companies and even by educational facilities. This book explores the different forms and potential uses of genetic testing. Drawing together leading experts in disability law, bioethics, health law and a range of related fields, it highlights the ethical and legal challenges arising as a result of emerging and rapidly advancing genetic science. On examining transatlantic perspectives on the matter, chapters in the book ask whether the US Genetic Information Nondiscrimination Act (GINA) is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating fears of discrimination. The book also reviews what insights may be gained from GINA within employment and health insurance contexts, and asks how the UN Convention on the Rights of Persons with Disabilities (CRPD) may impact similar debates within the European Union. The book focuses particularly on the legislative and policy framework in the European Union, with an emphasis on the gaps in protection and the scope for specific legislative action in this area. This book will be of great interest to scholars and students of discrimination law, bioethics and disability law, and will be of considerable use to legal practitioners, medical practitioners and policy-makers in this area.

The workplace is a key forum in which the issue of religion and its position in the public sphere is under debate. Desires to observe and express religious beliefs in the workplace can introduce conflict between employees and employers. This book addresses the role the law plays in the resolution of these potential conflicts. The book considers the definition and underlying motives of religious expression, and explores the different ways it may impact the workplace. Andrew Hambler identifies principled responses to workplace religious expression within a liberal state and compares this to the law applying in England and Wales and its interpretation by courts and tribunals. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and asks whether there is a case for changing the law to strengthen that protection. The book will be of great use and interest to scholars and students of religion and the law, employment law, and religion and human rights.

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.

Every day, workers are injured, made ill, or killed on the job. Most often, workers experience these harms individually and in isolation. Particular occurrences rarely attract much public attention beyond, perhaps, a small paragraph in the local newspaper. Instead, these events are normalized. This membrane of normalcy, however, is ruptured from time to time, especially after a disaster. This edited collection draws together original case studies written by leading researchers in Australia, Canada, Great Britain, Sweden, and the United States that examine the politics of working disasters. The essays address two fundamental questions: what gets recognized as a work disaster? And how does the state respond to one? In some instances, it seems self-evident that a disaster has occurred. For example, when a mine explodes killing tens or hundreds of workers simultaneously, the media and politicians recognize that this is not just a personal tragedy for the families of the victims, and that more troubling questions need to be asked about how this could happen. In other circumstances, however, the process that determines what gets recognized as a disaster is much more complicated. "Working Disasters" addresses the politics of recognition in case studies of the long-haul trucking industry, repetitive strain injuries, and lung disease in miners. Once it has recognized that a working disaster has occurred, the state typically goes beyond its routine responses to the daily toll of work-related deaths and injuries. Inquiries may be initiated to review the adequacy of regulatory systems and laws may be amended. Sometimes disasters produce meaningful change, but often they do not. In this text, the politics of response is considered in studies of a factory fire, the loss of an offshore oilrig, lung disease among miners, a mine explosion, and the prosecution of health and safety offences. This book will be of use to occupational health and safety activists and professionals; academics and upper-year students in: industrial relations, labour studies, labour history, law, political science, and sociology.

Labour reform is only one component of the larger process of reforming economy and society experienced by China over the last three decades. This book uses historical analytical tools in order to shed light on how policymaking takes place in contemporary China: an experimental and self-fulfilling process where decisions are taken only long after being introduced into daily practice. It will be valuable to students of contemporary Chinese society and key to the understanding of 25 years of Chinese labour reform.

This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.

This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball (MLB) in the United States and Nippon Professional Baseball (NPB) in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball. Each system of labour regulation can be viewed as an autopoietic system of law that utilizes voluntary self-regulation as the basis for regulation. While the regulatory systems in each league govern labour mobility in a similar manner using labour controls such as the draft, the reserve system and free agency, the two systems operate differently in terms of the level of labour mobility enjoyed by players. Formal rules, informal rules and normative practice result in MLB having relatively high levels of labour mobility for free agent players while similar players enjoy limited mobility in NPB. The book's engaging, multifaceted focus and comparative nature make it an excellent resource for lawyers, academics and advanced students interested in labour law, sports law, and Asian and European law.

The response of European Union institutions to the Eurocrisis demonstrated their fragile and failing commitment to the role of social policy in advancing European economies and societies. The present volume, exploring the positive scope for such policies, is therefore timely and welcome. While sharply critical of much of what goes on at both EU and several national levels, the authors are constructive in tone and point the way to sustainable alternatives to neoliberalism.' - Colin Crouch, University of Warwick, UK and External Scientific Member, Max Planck Institute for the Study of Societies, Cologne, GermanyHighly valued by its citizens, the European social model is a defining feature of Europe and the European Union yet is under threat from the effects of both globalisation and the aftermath of the financial crisis. The Sustainability of the European Social Model addresses this issue in light of the current crisis that changed the landscape. It examines how social Europe responds to uncertainties that affect its development from a range of different disciplinary perspectives. The book begins by analysing interactions between EU law and national policies from a comparative perspective, highlighting the legal, social and institutional complexities that constrain the development of 'social Europe' It assesses the sustainability of EU law and policies in the areas of pensions and employment policy and then focuses on two crucial areas of EU social policy: the regulations on working time and the provisions of social services of general interest. The expert contributors compare the experiences of a range of Member States (and also bring in external comparison) to explore topics such as ageing, job quality, social protection and employment policies, social dialogue and the relationship between the various methods of European policymaking such as the 'community method' and the Open Method of Co-ordination. The analyses show that sustainability of the European social model will depend heavily on addressing failings in European governance. Insightful and comprehensive, this book is a detailed and timely resource for academic researchers. Its practical, policy-oriented insights into important issues in social and employment policy, as well as into European policymaking itself, will also be of great interest to practitioners and policymakers. Contributors: J.-C. Barbier, I. Begg, F. Colomb, C. Erhel, J. Gautie, B. Gazier, M. Hartlapp, M. Keune, A. Koukiadaki, P. Marginson, N. Ramos Martin, R. Rogowski, T. Sirovatka, E. Sol, M. van der Vos

Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book intends to enhance global Indigenous movements for self-determination. In this wide-ranging historical study of federal Indian law-the field of U.S. law related to Native peoples-attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law. Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico's goal is to rethink the role of law in the global order-to imagine an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states. Combines a deep theoretical analysis of the law with historical perspective Argues that federal Indian law is an exception from regular legal processes Offers a global Indigenous perspective on human civilization Provides analysis from an attorney and educator with decades of experience in federal Indian law

This book, through empirical case studies, reconstructs the principles of legal regulation in the intermediate field, thereby facilitating the understanding of the functional distinction between contract law and tort law. The intermediate field with fuzzy borderlines between contract law and tort law emerges as their regulatory functions have expanded. It takes two forms, namely the fuzzy and overlapping field. The institutional reason for the emergence lies in their overlapping functions. From a comparative perspective, this book contends that civil liability, as a normative remedy for rights and interests, should be separated from general law of obligations to construct a uniform norm of liability. In the case of diversified liability forms, a uniform system of civil liability should be constructed with the consequence model based on liability integration. As such, it contributes to restoring the functional foundations of liability that have been alienated, avoiding the intermediate field, and achieving integrated effects and uniform liability. Unlike the traditional research which focuses on the concurrent liabilities of contract and tort law, this book is the first to examine and propose the systemization of regulation in the intermediate field between contract law and tort law and hence a theoretical contribution to Chinese civil law and comparative law scholarship. While the Chinese Civil Code is coming into force, the book is conducive to the understanding of the cutting-edge research of Chinese civil law for the international community and provide fruitful materials for exploring both the advantages and drawbacks of the code.

This revised and updated casebook comprehensively compares the U.S. legal approach to problems of inequality and discrimination with the approaches of a variety of other legal systems around the world, including those in Europe, South Africa, China, Colombia, India and Brazil. This book provides an introduction to theories of equality and sources of equality law, and examines inequality and discrimination based on gender, race, ethnicity, sexual orientation and identity, religion and disability. Key features: Extensive chapter notes add critical context to areas of developing law Analysis of a range of sources: each chapter includes case law, treaty law, statutory law, regulatory law and legal scholarship A comparative problem-based approach, using concrete issues of inequality and discrimination to help students focus on real world concerns Examination of key contested topics such as marriage inequality, the rights of persons with disabilities, affirmative action, reproductive rights, employment discrimination and hate speech A supplementary online course with additional content and guidance for both students and instructors is available through Stanford Law School. Written in a thorough yet accessible style and with contributions from leading international legal scholars, this casebook is ideal for lecture courses, seminars and summer programs in equality and anti-discrimination in law schools, as well as undergraduate courses in law, political science and sociology. Contributors include: D. Allen, P.L. Cherian, D. Collier, J. Damamme, T. Degener, R. Ford, S. Foster, S. Han, K. Loper, S. Misra, D.B. Oppenheimer, M.-C. Pauwels, S. Robin-Olivier, B. Wang, W. Zhou

This book is driven by a quest to re-regulate work to reduce informality and inequality, and promote a living wage for more people across the world. It presents the findings of a multidisciplinary study in four countries of varying wealth and development, exploring why people become trapped in precarious work. The accounts describe the impact of supply chain governance, trade agreements, internal and between-country migration, legal factors, as well as the socio-economic characteristics and outlooks of the workers. In a unique approach, the chapters describe existing labour regulation measures that have succeeded, but which have to date attracted little scholarly attention. Building on these existing innovations, the book proposes a new international labour law which would incrementally increase the wages of the poor and regulate precarious work in global supply chains.

The call center industry is booming in the Philippines. Around the year 2005, the country overtook India as the world's "voice capital," and industry revenues are now the second largest contributor to national GDP. In Lives on the Line, Jeffrey J. Sallaz retraces the assemblage of a global market for voice over the past two decades. Drawing upon case studies of sixty Filipino call center workers and two years of fieldwork in Manila, he illustrates how offshore call center jobs represent a middle path for educated Filipinos, who are faced with the dismaying choice to migrate abroad in search of prosperity versus stay at home as an impoverished professional. A rich ethnographic study, this book challenges existing stereotypes regarding offshore service jobs and sheds light upon the reasons that the Philippines has become the world's favored location for "voice." It looks beyond call centers and beyond India to advance debates concerning global capitalism, the future of work, and the lives of those who labor in offshored jobs.

Employment Law has been developed primarily for students taking an elective module in employment law on the LPC and is suitable for courses with either a corporate or private client focus. The 2016 edition continues to provide a practical and comprehensive guide to the subject and has been fully updated to include recent UK and European case law and developments in employment law practice. Examples and sample documents are included throughout the book to help students understand the practical application of the law, preparing them for the situations they may encounter once qualified. Detailed information is presented clearly and concisely, with the use of flowcharts and diagrams to provide a visual overview of complex processes and areas of common difficulty. End of chapter summaries and self-test questions are also used throughout the book, to help students consolidate their learning and identify areas for further study. This book is also accompanied by a free Online Resource Centre (www.oxfordtextbooks.co.uk/orc/employment2016/) which includes updates to the law post-publication, self-test questions with instant feedback, outline answers to the questions in the book, and electronic versions of flowcharts and diagrams to assist with notes and revision.

Organizing Matters demonstrates the interplay between two distinct logics of labour's collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour's interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries - Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership. Trade unionists and scholars will find this a compelling story of organizing, narrated in the voice of organizers, trade union officials and local observers. This is a source for reflection on the daily hardship and strategic goals of organizing. Theorists will be able to utilize the two logics for explaining ongoing challenges for trade unions' revitalization worldwide.

Judicial Retirement Laws of the Fifty States and the District of Columbia, the first comprehensive work on the subject, brings together a complete survey of existing judicial retirement laws in all fifty-one jurisdictions. Using appropriate constitutional and statutory citations, Bernard S. Meyer identifies, in each jurisdiction, provisions for mandatory retirement on account of age, for retirment for disability (voluntary and involuntary), as well as for further judicial service after retirement. This work also suggests how these laws should be changed for the improvement, and the interest, of justice.

As genetic technologies advance, genetic testing may well offer the prospect of detecting the onset of future disabilities. Some research also forwards that certain behavioural profiles may have a strong genetic basis, such as the determination to succeed, or the propensity for risk-taking. As this technology becomes more prevalent, there is a danger that genetic information may be misused by third parties and that particular genetic profiles may be discriminated against by employers, by providers of social goods and services, such as insurance companies and even by educational facilities. This book explores the different forms and potential uses of genetic testing. Drawing together leading experts in disability law, bioethics, health law and a range of related fields, it highlights the ethical and legal challenges arising as a result of emerging and rapidly advancing genetic science. On examining transatlantic perspectives on the matter, chapters in the book ask whether the US Genetic Information Nondiscrimination Act (GINA) is proving to be an effective tool in addressing the issue of genetic discrimination and alleviating fears of discrimination. The book also reviews what insights may be gained from GINA within employment and health insurance contexts, and asks how the UN Convention on the Rights of Persons with Disabilities (CRPD) may impact similar debates within the European Union. The book focuses particularly on the legislative and policy framework in the European Union, with an emphasis on the gaps in protection and the scope for specific legislative action in this area. This book will be of great interest to scholars and students of discrimination law, bioethics and disability law, and will be of considerable use to legal practitioners, medical practitioners and policy-makers in this area.

This edited book is intended to address the need for an updated look at the HRM legal and regulatory environment. Contrary to existing books which address legal issues in HRM from a narrower focus or specific issue (like sexual harassment, performance appraisal or employment termination), this book will provide a comprehensive and in-depth look at legal issues, regulations and laws which govern all aspects of human resource management - recruitment, selection, placement, performance management (i.e., employee training and development), benefits and compensation - and specific issues such as job analysis, sexual harassment, and the like. The contributors to this book offer their insight derived from their own research and practical experience with the HRM legal and regulatory environment/world of work. More specifically, the contributors examine, analyze and discuss challenges, issues and opportunities related to HRM legal and regulatory issues and the implications for employees and their organizations while emphasizing the importance of navigating such laws and regulations to the employment cycle and toward sustainable competitive advantage intoday's and tomorrow's organizations.

This edited book is intended to address the need for an updated look at the HRM legal and regulatory environment. Contrary to existing books which address legal issues in HRM from a narrower focus or specific issue (like sexual harassment, performance appraisal or employment termination), this book will provide a comprehensive and in-depth look at legal issues, regulations and laws which govern all aspects of human resource management - recruitment, selection, placement, performance management (i.e., employee training and development), benefits and compensation - and specific issues such as job analysis, sexual harassment, and the like. The contributors to this book offer their insight derived from their own research and practical experience with the HRM legal and regulatory environment/world of work. More specifically, the contributors examine, analyze and discuss challenges, issues and opportunities related to HRM legal and regulatory issues and the implications for employees and their organizations while emphasizing the importance of navigating such laws and regulations to the employment cycle and toward sustainable competitive advantage intoday's and tomorrow's organizations.

The role of religion in various domains of the public sphere provokes much debate. One of the key areas where this debate is unfolding is in the secular workplace, where some employees strongly desire to express their religious beliefs in ways which may bring them into conflict with their employers. For example, a Sikh woman may wish to wear a kara bracelet contrary to an employer's uniform policy; or a Muslim may wish to take time out of required working hours for Friday prayers. Equally, some employees may feel compelled to object to particular aspects of their job role from which a crisis of conscience arises. For instance, a Christian registrar might object to registering a same-sex marriage or civil partnership; or a Muslim retail worker might object to handling alcohol. This addresses these conflicts and the role of law in resolving them. It considers what is meant by religious expression by individual employees, and the motives underlying it, and sets out the different ways it might have an impact on the workplace, in both uncontroversial and potentially controversial ways.The book identifies different principled responses to workplace religious expression within a liberal state. It then goes on to analyse to what extent the law in England and Wales reflects these differing responses, both at a legislative and policy level, and at a court and tribunal level. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and whether or not there is a case for changing the law to strengthen that protection.

International Financial Reporting Standards: A Framework-based Perspective links broad concepts and general accounting principles to the specific requirements of IFRS to help students develop and understand the judgments required in using a principle-based standard. Although it is still unclear whether the US will adopt IFRS, the global business environment makes it necessary for accounting students and professionals to be bilingual in both US GAAP and IFRS. This comprehensive textbook offers: A clear presentation of the concepts underlying IFRS A conceptual framework to guide students in interpreting and applying IFRS rules A comparison between IFRS and US GAAP to develop students' understanding of the requirements of each standard Real world examples and case studies to link accounting theory to practice, while also exposing students to different interpretations and applications of IFRS End of chapter material covering other aspects of financial reporting, including international auditing standards, international ethics standards, and corporate governance and enforcement, as well as emerging topics, such as integrated accounting, sustainability and social responsibility accounting and new forms of financial reporting Burton & Jermakowicz have crafted a thorough and extensive tool to give students a competitive edge in understanding, and applying IFRS. A companion website provides additional support for both students and instructors.

For this comprehensive collection, the editor has selected some of the most important labor law and economics papers today. This two-volume set tracks the development of the theoretical and empirical scholarship on labor law across a number of disciplines, bringing together traditional legal theory and labor economics, along with more recent findings in behavioral economics.The first volume begins with a broad overview of labor regulation around the world. It then offers major articles on the economics of American labor law and the welfare effects of labor regulation in the US and abroad. The second volume addresses the variety of mandated employee benefits, from minimum wages to maternity benefits and wrongful discharge laws. The collection concludes with some major papers on race and sex discrimination in employment.

Employment discrimination, far from being an exceptional event, may occur quite frequently. It persists as a fact of life, less the product of evil intention than a residual effect of social history. While the insult to human dignity may be greater when prejudice is more old-fashioned and explicit, the economic consequences to the victims of discrimination are the same. Scholars are integrating this insight into their work at the same time that the organization of work itself is changing, and with it the opportunities for discriminating and resisting discrimination. Thus, the work of ending employment discrimination is changing rather than ending. This ground-breaking study of the inner workings of workplace discrimination honors the pioneering work of the late David Charny. Drawing on recent insights in such disciplines as social psychology and neuroscience, fifteen distinguished legal scholars explore the implications of these and other findings for various areas of employment policy and activity, including: affirmative action; sexual harassment; diversity policy; antidiscrimination liability schema; best practices and initiatives; the ecology of the workplace; and, employment discrimination litigation. The insightful contributions, often discomforting and even startling, offer valuable insights and sometimes workable solutions to the deep problems of stereotyping, bias, prejudice, and discrimination that continue to plague today's workplaces. The volume will be welcomed by anyone, academic or practitioner, committed to checking and halting the corrosive effects of workplace discrimination on our social fabric.

This updated edition offers a fresh approach to the law governing employment relations, emphasizing the contemporary policy themes of social inclusion, competitiveness, and the rights of citizenship in the workplace. It acts as a succinct and accessible overview for those new to the subject as well as an excellent summary for students.
Employment Law covers all the main areas of the subject including contracts of employment, anti-discrimination law, trade unions, industrial action, and human rights in the workplace. It also discusses how UK law, under the influence of EU law and international protection of human rights, has been transformed for the twentieth-first century by pursuing new goals such as helping to achieve a better balance between work and life, to improve the competitiveness of business through partnership institutions, and to provide superior protection for the basic rights of employees in the workplace. Offering frequent comparisons with the law of other countries, including the United States, the book also discusses the effectiveness of employment regulation as well as examining the different national and transnational methods available.