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Since the onset of globalization, protective labour legislation has been deeply eroded throughout the industrialized world. In its place we have a plethora of new employment phenomena such as flexible work time, temporary work services, decentralization of collective bargaining, private fee-charging employment placement services - a wide variety of arrangements in which employers and individual workers reach mutual agreement with little or no reliance on legal norms of government regulation. What are the dimensions and implications of this trend? And how should we go about ensuring the continuing effectiveness of labour law as an instrument of social ordering? These important questions drew a group of prominent labour law scholars from eight major developed countries to the Fifth Japan Institute of Labour (JIL) Comparative Labour Law Seminar in Tokyo in November 1998. Each participant presented papers and engaged in group discussion on the following topics: changes in labour market regulations, such as abolition of state-monopolized employment placement services and deregulation of fixed-term contracts; trends in individual labour relations, such as working hour flexibilization and expansion of derogation toward individual consent; and developments in collective labour relations, such as the movements from centralized bargaining to company- or plant-level bargaining and from trade unions to works councils. This book is the record of this seminar. Its analysis and conclusions should be useful to any practitioner, policymaker or academic interested in using available means to ensure the persistence of our commitment to high standards in labour relations. It is an integrated starting point from which to proceed toward a new labour law concept positively adapted to the socio-economic realities of the modern world.
This study analyses the legal framework imposed on corporations by the imperial Russian Government. It stresses the dual nature of the bureaucracy's policy toward modern capitalist enterprise: encouragement for the sake of economic development, and regimentation in the interest of maintaining autocratic control. By illuminating the political nature of the autocracy's economic agenda, Professor Owen seeks to explain why Russian corporate law became increasingly restrictive toward the end of the imperial period. Attention is also given to the practices of Russian capitalists, whose occasional abuses of corporate power justified restrictive laws in the eyes of officials. The emphasis of this study on the uneasy accommodation between tsarist autocracy and the modern corporation clarifies aspects of Russian political, economic, and cultural life that hindered the development of capitalism on the eastern periphery of Europe.
Public Interest Lawyering is the first comprehensive analysis of public interest lawyering that is suitable as a law school elective text and/or advanced legal profession courses and seminars. Drawing upon a range of theoretical and empirical perspectives, this timely textbook examines the lives of public interest lawyers, the clients and causes they serve, the contexts within which they work, the strategies they deploy, and the challenges they face today.
Hoffman traces the origins of executive secrecy and the legal and political efforts to control it since the Federalist era, focusing on the Jay Treaty Struggle, the XYZ Affair and the 1798 Sedition Act.
A Restatement of the English Law of Contract is the second Restatement of English law undertaken by Andrew Burrows following on the success of A Restatement of the English Law of Unjust Enrichment (OUP, 2012). Designed to enhance the accessibility of the common law the Restatement comprises a number of clear succinct rules, fully explained by a supporting commentary, which set out the general law of contract in England and Wales. Written by one of the leading authorities in this area, in collaboration with an advisory group of senior judges, academics, and legal practitioners, the Restatement offers a novel and powerfully persuasive statement of the law in this central area of English law. All lawyers dealing with the English law of contract, whether as practitioners, judges, academics, or law students, cannot but benefit from this Restatement. The English law of contract is one of the most respected systems of contract law in the world and by the device of a 'choice of law' clause is often chosen by foreign commercial parties as the applicable law to govern their contract. One of the aims of the Restatement is for the reader, including those from civil law jurisdictions, to see quickly and easily how the different elements of the English law of contract fit together.
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