This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice. This material is organised by reference to specific Directives and Treaty provisions. Thus (for example) the progress of a specific Action Programme may be followed through legislature, Commission and Court to reveal a complete overview of its development since the Community came into being. The author follows this analytic procedure for all major areas of labour law and social policy, including equality of treatment for men and women, equal pay and working conditions. Easy access to the book's information is provided by a reference system built on a series of tables presented at the beginning of the volume. These include two "tables of equivalence" that facilitate the process of converting former Treaty article numbers to the article numbers now in force under the amended and renumbered Treaty of Amsterdam. Advocates, judges, policymakers, scholars and students should find this sourcebook useful.

This is an analysis of the issues and strategies associated with national health care. The work examines legislation pending in the U.S. Congress, proposals by academic institutions and business and industry associations, the law and legislation underlying the existing system, and critical factors contributing to the existing health care crisis. Topics include the uninsured and underinsured, impaired risks and risk pooling, "pay or play" employer mandates, "universal" health care plans, and the so-called "market reforms." The study concludes with a proposal for a national health care plan that provides a package of "basic" benefits to all Americans, without regard to their work status.

Though it may seem hard to believe, it took America's lawmakers some 110 years before they crafted legislation aimed at protecting the welfare of children. Eventually, laws were passed to aid and protect children. This ideal student reference examines and explains in detail 20 such laws that have affected America's youth in various ways. A discussion of the history and impact of each law is followed by a carefully edited version of the law itself. Examples include the National School Lunch Act, which provided free or reduced-cost meals to young students; the Uniform Drinking Age Act, which set the national drinking age at 21; the Fair Labor Standard Act, the first successful federal attempt to regulate child labor; and the Selective Service Act, which required young men to register for the draft.

The landmark laws are divided into three parts: Health and Welfare Laws, Citizenship and Democratic Participation Laws, and Education Laws. The laws are organized chronologically within each section. An introductory overview examines the history of children's issues in federal legislation and explores reform movements and the advocacy of children's concerns. The introduction also makes manifestly clear that students are not an unempowered constituency, and have ample opportunities to make their voices heard. A timeline and appendix will also aid student research, making this volume an indispensable guide to America's laws concerning its young people.

It is estimated that over one-half of all litigation today is related, in some degree, to issues involving economic damages. This handbook presents the basic elements involved in the evaluation of economic damages associated with wrongful death and personal injury cases. It will assist practicing attorneys to understand, through examples, the conceptual issues involved in the determination of economic damages, and the methods used to evaluated such damages.

The book is divided into two main sections. The first section of the book is devoted to estimation procedures specific to wrongful death cases. Nine key elements involved in an analysis of economic losses are systematically presented and illustrated in separate chapters. Reference tables are included to illustrate the variety of situations which exist, and the impact that changes in key assumptions about the situations have on the analysis. The second section of the book builds upon the concepts developed in the first section, and illustrates how to calculate economic losses in personal injury cases. These chapters also have examples and reference tables to assist the practicing attorney. A glossary of basic economic terms and an extensive bibliography are included.

It is widely assumed today that the "welfare state" is contracting or retrenching as an effect of the close scrutiny to which entitlement to social-security benefits is being subjected in most developed countries. In this book, 15 authorities from nine different countries - the UK, the Netherlands, France, Germany, Spain, Denmark, Finland, Norway and the US - investigate to what extent this assumption is warranted. The papers were originally presented at a Conference on "The Future of Social Security" held at the University of Stirling in June 2000. Taking into account developments and initiatives at every administrative level from sub-national employment agencies to the OECD and the World Bank, they draw on both data and theories in a broad spectrum of related disciplines, including political science, economics, sociology and law. Detailed materials allow the reader to formulate well-defined responses to such questions as: is there indeed waning public support for social security?; is the "demographic time bomb" of an ageing population as serious a problem as we are often led to believe?; how seriously do supranational reform proposals tend to underestimate cross-national differences? to what degree is "activation policy" merely rhetorical?; to what extent do employment-office staff reformulate and redefine policies "on the ground" to accommodate specific case-by-case realities? Specific criteria for entitlement (such as disability) and such central issues as "gendered" assumptions, access to benefit programmes and the involvement of trade unions are examined in a variety of contexts. As an authoritative assessment of the current state of social-security reform - its critical issues, its direction, and its potential impacts - this book should prove to be of value to all professionals and officials concerned with social programmes at any government level.

Based on the findings of a large-scale, comparative research project, this book systematically assesses the institutional design and national influence of the Open Method of Coordination (OMC) on Social Inclusion and Social Protection, at the European Union (EU) level and in ten EU Member States. Besides offering novel empirical and theoretical insights into the operation and impact of the OMC, the book presents an up-to-date perspective on the future of social policy coordination within the Europe 2020 Strategy. The book is required reading for anyone concerned with understanding the contribution of new forms of governance to the past and future development of Social Europe.

The 12 essays in this book explore this vital issue from a number of perspectives. The text represents a partial gleaning of the September 2001 conference of the European Institute of Social Security, held in Bergen, Norway - a leading multidisciplinary research group and the vanguard of the debate on social security in Europe. Fifteen researchers and administrators from all over Europe offer in-depth analysis and conclusions in crucial areas. In addition to the individual insights advanced in each paper, two notable trends seem to pervade the entire conference. One is the growing divergence of social security policy within European countries, coexisting uneasily with EU measures against social exclusion; the other is the sudden clarity of principle and design in the European welfare state when seen against the virtual anarchy of the globalisation model.

Private and governmental insurance systems in the United States have been suffering an ongoing series of crises. Automobile liability insurance, malpractice protection, health insurance, pension plans, and property insurance have been troubled in recent times by such matters as the threat of insolvency, extremely high premiums, lack of availability for many applicants, and discriminatory selling practices. For over a century, private insurance has been heavily regulated. Governmental insurance, particularly social programs such as Social Security and Medicare, also face serious funding and availability problems. These ongoing problems suggest that regulators have not been doing a very effective job. Unhappy consumers are making different demands both on the industry and on regulators. Some call for deregulation in the belief that market forces will make insurance more efficient, available, and affordable. Others insist that governmental regulators, whether legislators, insurance commissioners, or judges, step in and help solve these problems. Regulators, very much a part of the political process, have avoided these controversial areas of difficult choices. Avoidance is no longer an option for regulators.

McDowell explores what competing types of regulation, whether market, industrial, or governmental, might be used, what goals regulators are committed to, the different regulatory philosophies of federal and state agencies, whether the problems are caused by under-regulation or over-regulation, and difficulties of enforcement. He discusses in detail these regulatory problems in the fields of automobile liability insurance, health insurance, and the demand of other financial service institutions to compete in the insurance business. Throughout the book, he compares what American regulators are doing with the practices in Canada in order to illuminate problems and possible solutions for American regulators to consider. Finally, he closes with an analysis of whether the emerging trends of internationalization and interdependence of personal and economic spheres, the increase in magnitude of risks, and the increased speed of transactions will require changes in insurance regulation. Insurance regulators and professionals in governmental and private insurance as well as scholars and students of insurance law will be interested in this book. Even consumers who are concerned or angry about the future of their insurance protection will find it valuable.

'In this important contribution to the analysis and construction of European Union citizenship, Charlotte O'Brien provides her characteristic blend of rigorous legal scholarship and compelling social vision. She identifies challenging questions about the relationship between justice and vulnerability that should concern the shaping of law at all levels of governance.' Professor Niamh Nic Shuibhne, University of Edinburgh 'Piercing the veil of well-known proclamations of "equality" and "non-discrimination", in this intimate portrait of Union law O'Brien sounds a sobering wake up call. The Union, to the genuine surprise of some converted, is a powerful actor of injustice, failing the vulnerable Europeans at many a turn, blinded by its own proclaimed righteousness and goodness to be aware of the plight of those it lets down. The sooner we dispel the oxymoronic myth of a "market citizen" as a necessary tool of the uniquely benevolent EU internal market project, the sooner the process of healing the Union turning its back on the majority of Europeans can begin. This book is an important part of this beginning.' Professor Dimitry Kochenov, University of Groningen 'Doctrinal mastery. Intellectual rigour. Conceptual depth. Empirical enrichment. O'Brien's landmark text offers its readers all of these qualities. But she also writes with a clarity and honesty of purpose that is an inspiration to her readers. Particularly at a time when certain political actors seek to vilify "expertise", Unity in Adversity is a testament to the value of independent and critical academic research.' Professor Michael Dougan, University of Liverpool The EU is at a crossroads of constitution and conscience. Unity in Adversity argues that EU market citizenship is incompatible with a pursuit of social justice, because it contributes to the social exclusion of women and children, promotes a class-based conception of rights, and tolerates in-work poverty. The limitations of EU citizenship are clearest when EU nationals engage with national welfare systems, but this experience has been neglected in EU legal research. Unity in Adversity draws upon the ground-breaking EU Rights Project, working first hand with EU nationals in the UK, providing advice and advocacy, and giving ethnographic insight into the process of navigating EU and UK welfare law. Its study of EU law in action is a radical new approach, and the case studies illustrate the political, legal and administrative obstacles to justice faced by EU nationals. Taken together, the strands demonstrate that 'equal treatment' for EU nationals is an illusion. The UK's welfare reforms directed at EU nationals are analysed as a programme of declaratory discrimination, and in light of the subsequent referendum, should be treated as a cautionary tale - both to the EU, to take social justice seriously, and to other Member States, to steer away from xenophobic law-making. Shortlisted for the 2018 BBC Thinking Allowed Award for Ethnography. Winner of the 2019 Hart-SLSA Book Prize.

Essential social security law, examines the law that seeks to alleviate the economic and social consequences suffered by people in the event of a complete or partial loss of income. It focuses on those contingencies that have a direct impact on a person's earning capacity, such as old age, injuries, unemployment, sickness and pregnancy. It also deals with the death of a breadwinner, medical incapacity, the inability to maintain children, personal and community crises, hardship caused by the state and the lack of opportunities for disadvantaged members of society. In the process of examining these contingencies, the title deals with legislation such as the Social Assistance Act, Pension Funds Act, Compensation for occupational injuries and diseases Act, Unemployment Insurance Act, Basic Conditions of Employment Act and Medical Schemes Act. The k includes recent judgments dealing with various aspects of social security and cross-references the important and comprehensive report on social security compiled by the Taylor Committee. It also contains an additional chapter on the concept of informal social security in South Africa (such as stokvels). The title also sheds light on a number of issues that have a bearing on social security, for instance, financing and administration, unfair discrimination in social security legislation and the social security rights of migrant workers.

Private-sector unionization has been in a period of dramatic decline. While much scholarship has sought to explain this development and has called for stronger legal protection of union organizing efforts, the viability of alternative or supplementary forms of employee representation has received comparatively little attention. The potential for such alternatives and the appropriate role of public policy in this arena served as the theme for the 50th anniversary of New York University's Annual Conference on Labor. This long-standing conference brings together government officials; representatives of companies, labor unions, and employees; lawyers; and human resources specialists. In this vital forum, participants discuss important themes in U.S. labor law affecting the American workplace and share new ideas and perspectives for improving the practice. This latest installment includes conference papers and commentary as well as additional essays by professors at esteemed institutions in three different countries (Israel, Canada, and the United States). It addresses such provocative questions as: What do workers want in the way of workplace representation? What role has individualism played in the decline of unions in private companies? Do labor laws unnecessarily restrict the potential growth of employee ownership? The list of contributors comprises both professors and practicing attorneys from a variety of backgrounds. The papers contained in Employee Representation in the Emerging Workplace will assist and appeal to all concerned with these important contemporary labor law issues and especially with the ways in which the United States is considering them. The theme addressed in this particular installment is topical, central to the field, and deserving of attention.

How is religion, particularly non-Christianness, conceptualised and represented in English law? What is the relationship between religion, race, ethnicity and culture in these conceptualisations? What might be the socio-political effects of conceptualising religion in particular ways? This book addresses these key questions in two areas of law relating to children. The first case study focuses on child welfare cases and reveals how the boundaries between race and theological notions of religion as belief and practice are blurred. Non-Christians are also often perceived as uncivilized but also, at times, racial otherness can be erased and assimilated. The second examines religion in education and the increasing focus on 'common values'. It demonstrates how non-Christian faith schools are deemed as in need of regulation, while Christian schools are the benchmark of good citizenship. In addition, values discourse and citizenship education provide a means to 'de-racialise' non-Christian children in the ongoing construction of the nation. Central to this analysis is a focus on religion as a socio-political, contingent, fluid and invented concept.

This book examines an area of personal injuries law that has been largely neglected by other writers, but which is of vital importance in practical terms when establishing quantum of damages for personal injuries. It provides detailed coverage of the law as it works in practice, but also important insights into the underlying legal principles and policy. There is comprehensive analysis of the rules relating to the deduction of social security benefits, including the Social Security (Recovery of Benefits) Act 1997 and the new rules concerning recovery of NHS costs from insurers. The book also explains in detail how the deduction of private insurance payments, gifts and charitable payments, benefits relating to employment, benefits related to the cost of care, and benefits accruing to dependants all impact upon the awards made by the Courts.

This work examines the system of co-ordination of national social security laws in the European Union from a gender perspective. The central question that it raises concerns the level of social security protection enjoyed by women moving throughout the Union in cases of work interruption or marriage dissolution. Women's social security protection has traditionally been based on two criteria, namely economic activity and family/marriage. Work interruptions, in particular for child-rearing, challenge the invocation of economic activity as an effective basis for social security rights. Changing social and family conditions, including the emergence of atypical relationships and increasing divorce rates, challenge the criterion of family/marriage. Efforts have been made within the framework of the national systems of the Member States to address these challenges, often unsuccessfully. So, how successful has the European system of co-ordination, the aim of which is to provide a sufficient level of protection to migrant workers and their families, been in addressing these challenges? The book contains comprehensive discussion of the phenomenon and legal institution of social security, as well as a thorough analysis of the current state of European Community law concerning co-ordination, with a particular focus on gender. It identifies several problematic areas where solutions must be worked out and action taken. The book fills a gap in the legal literature on the social security field and will appeal to those with an interest in social security, including academics, policy-makers and practitioners.

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.

Explore legal issues that often hinder the work of child welfare practitioners! Child Welfare in the Legal Setting: A Critical and Interpretive Perspective is a revolutionary study of the child welfare system that is essential for practitioners, educators, and students interested in public child welfare work. It examines the legal system surrounding child welfare workers and highlights their need for agency-specific training. This insightful book challenges the traditional rules of child welfare and paves the way for alternate methods of conceptualizing and organizing child protection. It explores why many family interventions fail and others never even occur. By identifying incongruities between the philosophy of child welfare and its function, this book advocates a more individualistic and efficient technique for assisting clients. Addressing issues and challenges from the initial identification of problems to navigating the legal system, this book is also thorough enough for public child welfare workers who want to take their skills to the next level. The large-system perspective in this book uses the concentric circle model, the rational legal model of legal and court action, and the ritualized process model to examine child welfare practice. Learn why terms such as child abuse and neglect have become social constructions that vary depending on the values of social workers, judges, attorneys, agencies, and communities. Child Welfare in the Legal Setting: A Critical and Interpretive Perspective examines the standardization of the organizational activities of child welfare systems and how this limits professionals' ability to accurately recognize unique problems and intervene in the most beneficial manner. Child Welfare in the Legal Setting also provides controversial opinions on emerging issues including: family investigations sanction for Child Protective Services intervention the legal setting as a host environment the function of the child welfare system rationalization of child welfare intervention trained incapacity of social workers Title IVE programs the court system Child Welfare in the Legal Setting: A Critical and Interpretive Perspective identifies vital issues by analyzing the ethical and moral foundations of the child welfare system. This insightful book also takes a close look at how practitioners inadvertently devalue their clients by using language that creates stigmatized social categories such as victim and convicted felon. Supervisors, managers, social workers and child welfare practitioners will benefit from this information. The vignettes that supplement the narrative also make the book an important resource in any child welfare course.

In this important book, nine leading scholars probe deeply into the nature of social rights, trying to read the near future and locate the most meaningful and effective role that social insurance can play as today's new socio-economic patterns develop. In-depth chapters analyse existing systems and recent and ongoing reforms in seven countries-Germany, the United Kingdom, Sweden, the United States, Japan, Taiwan, and China. There is also a chapter on the European Union's work toward a harmonised scheme to match other programs of integration, and a chapter on the all-important interpenetration of social insurance and human rights. The authors clearly demonstrate that the unprecedented challenges faced by social insurance today arise not only from changes in the patterns of society, but also from lack of confidence and ideological prejudice on the part of both academia and public policy. As a major analysis of why and how a great milestone in human progress is faltering under contemporary pressures, this book is of enormous value. It deserves to be read and absorbed by all professionals in the field who want to use their knowledge and skill to ensure a future in which every man, woman, and child is provided with opportunity to live as full a life as possible. The essays in this book are based on papers first delivered at an international symposium held in Taipei in September 2000 under the auspices of the Center of Labor Law and Social Law of Chengchi University, with the support of several public and private agencies in Taiwan.

The Evolving Pension System examines the foundations and the future of the private pension system. It provides a broad overview of the underlying assumptions, characteristics, and effects of existing pension policy, as well as alternative views on how public policy toward pensions should evolve in the future. Contributors include Robert Clark (North Carolina State University), Eric Engen (Federal Reserve Board), William G. Gale (Brookings Institution), Theodore Groom (Groom Law Group, Chartered), Daniel Halperin (Harvard), Alicia Munnell (Boston College), Leslie Papke (Michigan State University), Joseph Quinn (Boston College), Sylvester Schieber (Watson Wyatt), John B. Shoven (Stanford), and Jack Vanderhei (Temple University and EBRI). William G. Gale is the Joseph A. Pechman Fellow in the Economic Studies program at the Brookings Institution. John B. Shoven is Charles R. Schwab Professor at Stanford University. Mark J. Warshawsky is director of research at the TIAA-CREF Institute.

Extensive welfare, law, and policy reforms characterized the making and unmaking of Keynesian states in the 20th century. This collection highlights the gendered nature of these regulatory shifts and, specifically, the roles played by women - as reformers, welfare workers, and welfare recipients - in the historical development of welfare states. The contributors are leading feminist socio-legal scholars from a range of disciplines in the US, Canada, and Israel. Collectively, their analyses of women, law, and poverty speak to long-standing and ongoing feminist concerns: the importance of historically informed research, the relevance of women's agency and resistance to the experience of inequality and injustice, the specificity of the experience of poor women and poor mothers, the implications of changes to social policy, and the possibilities for social change. Such analyses are particularly timely as the devastation of neo-liberalism becomes increasingly obvious. The current world crisis of capitalism is a defining moment for liberal states - a global catastrophe that concomitantly creates a window of opportunity for critical scholars and activists to reframe debates about social welfare, work, and equality, and to reinsert the discourse of social justice into the public consciousness and political agenda of liberal democracies. (Series: Onati International Series in Law and Society)

This is a study of the institutional changes which the Treaty of Amsterdam brought to the European structure, on the one hand, and the provisions regarding social policy and employment which are contained in the new chapters of the Treaty, on the other hand. Four of the five contributions focus on the social policy of the European Union and the European Community. It was essential to include a chapter regarding the institutional changes which have occurred as the social provisions in the Treaty are carried out via institutional structures, as are other aspects of European policy. This book concludes with an index and several annexes, including the consolidated version of the treaties establishing the European Union and the European Community, and the presidency conclusions of the Council Summit meetings at Amsterdam and Luxembourg regarding social policy and employment.

The Research Handbook on European Social Security Law critically examines the various European dimensions of social security. The collection discusses a wide range of questions and dilemmas ensuing from the present state of European social security law, whilst at the same time identifying future lines of inquiry that are likely to dominate the discourse in the coming years.This Handbook encompasses numerous dimensions of European social security law, including: social security as a human right; standard setting in social security; the protection of mobile persons and migrants; as well as the global context of European social security law. It pays attention to both EU law and to various instruments of the Council of Europe. Throughout the book's chapters prominent experts analyse contemporary debates, discuss new challenges and point out further lines of research. Via this exploration, the Handbook provides a source of inspiration for the development of this special field of law. Covering a breadth of topic and research, scholars and practitioners alike will find this Research Handbook to be an invaluable source of information. Contributors: P. Borsje, S. Burri, P. Copeland, R. Cornelissen, T. Dijkhoff, E. Eichenhofer, O. Golynker, B. ter Haar, G. Katrougalos, I.E. Koch, D. Kochenov, E. Kohlbacher, H. van Meerten, A.P. van der Mei, M. Mikkola, M. Olivier, F. Pennings, D. Pieters, P. Schoukens, L. Slingenberg, G. Van Limberghen, H. Verschueren, G. Vonk, M. Westerveld

Juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. What impact do these international and national regulations have upon vulnerable groups in terms of inclusion, exclusion and social citizenship? The nature and effects of current juridification processes are hotly debated amongst social scientists and legal scholars.Bringing empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state, this book asks key questions such as: To what extent do international human rights norms secure basic welfare services to vulnerable groups?; How do different regulations affect democratic participation?; What is the role of professionals in the distribution of welfare services? Researchers, students and academics with an interest in law, human rights, social policy and the role of professionals in the welfare state will find much of value in this book. Contributors: H.S. Aasen, S. Bothfeld, L. Brandt, B. Bringedal, S. Bygnes, K. Baeroe, C. Cappelen, T. Eidsvaag, K.J. Fredriksen, O. Ferraz, R. Gargarella, S. Gloppen, E. Le Bruyn Goldeng, A. Kjellevold, S. Kremer, I.R. Lundeberg, A.-M. Magnussen, K. Mjaland, O. Maestad, E. Nilssen, L. Rakner, P. Stephens, H. Stokke, W. van Rossum