SEIN Social Impacts of Business eJournal最新文献_第2页

Employment Protection, Threat and Incentive Effects on Worker Effort 就业保护、威胁和激励对工人努力的影响

SEIN Social Impacts of Business eJournal Pub Date : 2008-05-02 DOI: 10.2139/ssrn.1004486

S. Bradley, Colin Green, G. Leeves

引用次数: 3

Uncertain Justice: Litigating Claims of Employment Discrimination in the Contemporary United States 不确定的正义:当代美国就业歧视诉讼索赔

SEIN Social Impacts of Business eJournal Pub Date : 2008-04-16 DOI: 10.2139/ssrn.1093313

L. Nielsen, R. Nelson, Ryon Lancaster

{"title":"Uncertain Justice: Litigating Claims of Employment Discrimination in the Contemporary United States","authors":"L. Nielsen, R. Nelson, Ryon Lancaster","doi":"10.2139/ssrn.1093313","DOIUrl":"https://doi.org/10.2139/ssrn.1093313","url":null,"abstract":"This article examines the broad mass of employment discrimination claims brought in federal court between 1988 and 2003. Unlike much scholarship, which studies a small proportion of cases that generate published opinions, we analyze a large random sample of cases. Examining a representative sample of cases allow us to better assess law's role in processing claims of discrimination and its relationship to theories of rights mobilization, organizations, and disputing. Our qualitative and quantitative data capture the dynamics of the stages of litigation. We examine the social and legal determinants of outcomes at each stage. Analyzing discrimination litigation as a sequence of alternative outcomes reveals aspects of antidiscrimination law in action that have gone unexamined in previous research. This new approach suggests that the system of employment discrimination litigation reflects the operation of social advantage and typically provides either no or modest remedies for plaintiffs. While employment discrimination litigation grew dramatically in the 1990's, it did so primarily as a system of individualized claims. Thus employment civil rights reflect many of the contradictions of the American civil justice system. A small number of cases produce large awards and have far reaching consequences for employment practices. The typical plaintiff receives neither their day in court nor a meaningful remedy. The uncertain character of outcomes drives parties to reach a settlement.","PeriodicalId":199069,"journal":{"name":"SEIN Social Impacts of Business eJournal","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122286245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 12

Corporate Social Responsibility: Modern and Indian Views 企业社会责任:现代和印度的观点

SEIN Social Impacts of Business eJournal Pub Date : 2008-04-12 DOI: 10.2139/ssrn.1335137

Chendrayan Chendroyaperumal, Juliet

引用次数: 4

New Governance, Compliance, and Principles-Based Securities Regulation 新的治理、合规和基于原则的证券监管

SEIN Social Impacts of Business eJournal Pub Date : 2008-03-01 DOI: 10.1111/J.1744-1714.2008.00050.X

Cristie L. Ford

{"title":"New Governance, Compliance, and Principles-Based Securities Regulation","authors":"Cristie L. Ford","doi":"10.1111/J.1744-1714.2008.00050.X","DOIUrl":"https://doi.org/10.1111/J.1744-1714.2008.00050.X","url":null,"abstract":"The UK securities regulator, the Financial Services Authority, claims that its principles-based approach to securities regulation is simply better than what it characterizes as the prescriptive, rules-based American approach. The striking shift in financial sector business from New York to London over the last two years has brought the question of the wisdom of principles-based regulation into sharp relief. In fact, an FSA-style regulatory approach may also be taking hold in Canada, through the agency of the province of British Columbia. This paper examines BC's innovative proposals for a principles-based securities regime through the lens of New Governance theory. I argue that the BC approach is significant in that its outcome-oriented, collaborative, pragmatic, and open-ended methods share features with promising New Governance approaches to regulation and public problem-solving more generally. Principles-based regulation is especially noteworthy with regard to firm compliance processes, because it seeks to engage firms in their own endogenous learning about compliance. Moreover, New Governance is a necessary complement to principles-based securities regulation. It provides a rational, systematic means through which industry learning and the input of third party stakeholders can fill in the content of otherwise vague principles. This paper identifies, and develops provisional responses to, some of the challenges arising from applying New Governance theory to the specific context of securities regulation. Those challenges include justifying imposing on industry the costs of articulating the content of principles ex post (as opposed to rules, which impose costs on regulators/legislators ex ante); reconciling light touch regulation with a rolling best practices rulemaking regime; confirming that industry has incentives to innovate, particularly in compliance processes; and identifying means for addressing capacity issues associated with requiring diverse industry actors to interpret principles for themselves.","PeriodicalId":199069,"journal":{"name":"SEIN Social Impacts of Business eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"118739529","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 137

A Case Study on the Warana Wired Village Project 'Cooperatives Empowers Youth' 瓦拉纳有线村项目“合作社赋权青年”案例研究

SEIN Social Impacts of Business eJournal Pub Date : 2007-12-10 DOI: 10.2139/SSRN.1068970

Dr. Sweta V. Patel, V. Sapovadia

引用次数: 2

Understanding the Nature of ISO 26000, a Coming International Standard on Social Responsibility 了解即将推出的社会责任国际标准ISO 26000的性质

SEIN Social Impacts of Business eJournal Pub Date : 2007-12-04 DOI: 10.2139/SSRN.1275586

Han-Kyun Rho

引用次数: 0

Proof and Direct Discrimination 证明与直接歧视

SEIN Social Impacts of Business eJournal Pub Date : 2007-12-01 DOI: 10.2139/ssrn.1065741

S. Rice

{"title":"Proof and Direct Discrimination","authors":"S. Rice","doi":"10.2139/ssrn.1065741","DOIUrl":"https://doi.org/10.2139/ssrn.1065741","url":null,"abstract":"Anecdote and impression in Australia is that it is race discrimination complaints in particular that consistently fail because complainants cannot discharge this burden of proof. Based on a text analysis of all reported decisions, since 2000, on race discrimination complaints under the NSW Anti-Discrimination Act, and under the Racial Discrimination Act (Cth), my research will provide an empirical answer to the question: 'To what extent do race discrimination complaints fail in courts and tribunals because of this challenging burden of proof?'. The focus is on matters where a complaint is dismissed because the court cannot say what the basis for the other person's conduct was, or says that the basis for the other person's conduct was a ground other than race. This leads to deliberation on the difference it would make to require an alleged discriminator to show they did not discriminate, that is, to shift the burden of proof to the respondent if and when the complainant can establish that there was less favourable treatment. The possibility and permissibility of shifting the burden during a hearing has not been canvassed in recent reviews of anti-discrimination legislation, but is established in the European Union by way of Directive 2000/43/EC, and is being implemented across Europe, including in the UK the Race Relations Act 1976.","PeriodicalId":199069,"journal":{"name":"SEIN Social Impacts of Business eJournal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132346248","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Optimal Timing of Management Turnover in Agency Conflicts 代理冲突中管理层离职的最优时机

SEIN Social Impacts of Business eJournal Pub Date : 2007-11-14 DOI: 10.2139/ssrn.942927

K. Hori, Hiroshi Osano

引用次数: 1

Comparativism, the Labour-Social Policy Nexus and Intra-National Analysis: A Case Study 比较主义、劳工-社会政策关系与国内分析:个案研究

SEIN Social Impacts of Business eJournal Pub Date : 2007-08-15 DOI: 10.1332/030557307780713022

Terry Carney AO, G. Ramia, A. Chapman

引用次数: 4

Learning and Peer Effects 学习与同伴效应

SEIN Social Impacts of Business eJournal Pub Date : 2007-08-14 DOI: 10.2139/ssrn.964420

Gerald Eisenkopf

引用次数: 52