The Right to Privacy in Employment: A Comparative Analysis, Marta Otto
Автор: Adalberto Perulli, Giuseppe Casale Название: Towards the Single Employment Contract: Comparative Reflections ISBN: 1849465819 ISBN-13(EAN): 9781849465816 Издательство: Bloomsbury Academic Рейтинг: Цена: 5067.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines the concept of the single employment contract, tracing it from its genesis and evaluating its pros and cons in the context of the current labour market problems in selected European countries.
Автор: Moses, Julia (university Of Sheffield) Название: The first modern risk ISBN: 1108426506 ISBN-13(EAN): 9781108426503 Издательство: Cambridge Academ Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Examines Europe`s first significant national policies on social welfare in the late nineteenth century, which saw regulation focused on workplace accidents and had major implications for state-society relations. Ideal for scholars in history and law with an interest in the welfare state, labor regulation, and occupational health.
Автор: Gray Anthony Название: Vicarious Liability ISBN: 1509920234 ISBN-13(EAN): 9781509920235 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee’s criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the ‘enterprise risk’ theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
Описание: Codifying Choice of Law Around the World chronicles, documents, and celebrates the extraordinary, massive codification of Private International Law (PrIL), or Conflict of Laws that has taken place in the last 50 years, from 1962-2012. During this period, the world has witnessed the adoption of nearly 200 PrIL codifications, EU Regulations, and international conventions---more than in all preceding years since the inception of PrIL. This book provides a horizontal comparison and discussion of these codifications and conventions, first by comparing the way they resolve tort and contract conflicts, and then by comparing the answers of these codifications to the fundamental philosophical and methodological dilemmas of PrIL. In the process, this book re-examines and dispels certain widely held assumptions about choice of law, and the art and science of codification in general. Written by Symeon C. Symeonides, a renowned PrIL and comparative law expert with extensive first-hand experience in drafting codifications and advising other drafters, Codifying Choice of Law Around the World will serve as an indispensable point of reference for any serious study or discussion of PrIL, and comparative law.
Автор: Marta Otto Название: The Right to Privacy in Employment: A Comparative Analysis ISBN: 1509906118 ISBN-13(EAN): 9781509906116 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 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.
Автор: Odaki Kazuhide Название: Right to Employee Inventions in Patent Law ISBN: 1509920315 ISBN-13(EAN): 9781509920310 Издательство: Bloomsbury Academic Рейтинг: Цена: 12672.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends.
This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom.
Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Автор: Pyaneandee Coomara Название: International Disability Law ISBN: 1138593478 ISBN-13(EAN): 9781138593473 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than fifty leading cases. The book also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other.
Автор: Pyaneandee, Coomara Название: International disability law ISBN: 113859346X ISBN-13(EAN): 9781138593466 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book provides a concise guide to international disability law. It analyses the case law of the CRPD Committee and other international human rights treaty bodies, and provides commentaries on more than fifty leading cases. The book also delineates the traditional differentiation between civil and political rights on the one hand, and economic, social and cultural rights on the other.
Автор: Maartje de Visser Название: Constitutional Review in Europe: A Comparative Analysis ISBN: 1849463859 ISBN-13(EAN): 9781849463850 Издательство: Bloomsbury Academic Рейтинг: Цена: 22176.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a comprehensive, comparative analysis of how 11 representative European countries tackle the questions of who (should) uphold(s) the Constitution and how constitutional review is organised.
Автор: Maartje de Visser Название: Constitutional Review in Europe: A Comparative Analysis ISBN: 1849469717 ISBN-13(EAN): 9781849469715 Издательство: Bloomsbury Academic Рейтинг: Цена: 6018.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a comprehensive, comparative analysis of how 11 representative European countries tackle the questions of who (should) uphold(s) the Constitution and how constitutional review is organised.
Автор: Edoardo Ales, Olaf Deinert, Jeff Kenner Название: Core and Contingent Work in the European Union: A Comparative Analysis ISBN: 178225868X ISBN-13(EAN): 9781782258681 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
Описание: Since 1979 the world has witnessed a remarkable cycle of individual bankruptcy law reform. Changes in capitalist economies, financial crises and political interest groups all contributed to this cycle of reform. Differences exist between European systems in terms of access criteria, institutional frameworks, financing and discharge conditions. What explains these differences within Europe and those between Europe and the US? This book draws on insights from historical institutionalism to illustrate the role of timing, path dependency and unintended consequences in the development of individual bankruptcy law. The book presents case studies of individual bankruptcy law in the US, France, Sweden and England and Wales. It analyses how, following the Great Recession of 2008, international financial institutions identified the significance of household debt and individual bankruptcy for financial architecture. The EU imposed individual bankruptcy reform on certain Member States, and proposed bankruptcy harmonisation to promote individual entrepreneurialism. The book examines the likelihood of greater convergence on an EU individual bankruptcy paradigm, and how this fits conceptions of neo-liberalism and the social market. Finally, the book discusses whether the international emergence of individual bankruptcy law represents a progressive step or a band-aid for the costs of neo-liberal policies, where a significant number of people live close to the precipice of over-indebtedness.
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