Managerial LawPub Date : 2005-06-01DOI: 10.1108/03090550510771566
B. DeDominicis
{"title":"Political Strategic Direction for the Codification of the International Legal Peremptory Norm of “Self‐Determination”","authors":"B. DeDominicis","doi":"10.1108/03090550510771566","DOIUrl":"https://doi.org/10.1108/03090550510771566","url":null,"abstract":"Since the disintegration of Cold War international systemic bipolarity in 1989, the international community has witnessed the entrance of at least 30 new states, proclaiming their formal sovereignty by obtaining membership in the United Nations. As with the previous wave of UN membership enlargement following decolonization three decades earlier, this most recent burst of accessions reflected inter alia the power of nationalism to change the domestic and international political status quo. In some cases, horrendous violence at times approaching genocidal levels has accompanied these changes. Of ten boundaries among these new states remain under intense dispute. This persistence and intensification of movements for national self‐determination require that the prerequisites for a successful international strategy for peacefully regulating this type of change include accommodation of sovereign self‐determination for “aspiring” nations.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125278773","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}
Managerial LawPub Date : 2005-06-01DOI: 10.1108/03090550510771575
J. Carby-Hall
{"title":"Educating the Social Partners","authors":"J. Carby-Hall","doi":"10.1108/03090550510771575","DOIUrl":"https://doi.org/10.1108/03090550510771575","url":null,"abstract":"At one of the European enlargement conferences the then Commissioner for Employment and Social Affairs said “social policy, from education to health and safety, from social protection to labour law, is the foundation stone of the EU’s successful political and economic progress, as political democracies and as market economies.” This statement puts in a nutshell the significance of the EU’s social policy programme. Within that programme the important function of the social dialogue between the social partners, namely the representatives of employers and representatives of employees, cannot be under estimated. The two way dialogue between the autonomous and independent representatives of each side of industry, as well as, where relevant, with governments, is not only of importance but is a key element of a meaningful social policy. Social policy is a primordial feature in the improvement of economic performance of any Member State and is central to a nation’s economic progress. The social dialogue, an impor...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121112824","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}
Managerial LawPub Date : 2005-06-01DOI: 10.1108/03090550510771458
C. Bergen, William T. Mawer
{"title":"The U.S. FairPay Overtime Initiative","authors":"C. Bergen, William T. Mawer","doi":"10.1108/03090550510771458","DOIUrl":"https://doi.org/10.1108/03090550510771458","url":null,"abstract":"The Fair Labor Standards Act (here in after referred to as the FLSA or Act, 1938) requires that most employees in the U.S. be paid at least the federal minimum wage for all hours worked and receive overtime pay at one and one‐half times the regular rate for all hours worked over 40 hours in a work‐week. Defined within the Act are certain types of employees who are exempt from both minimum wage and overtime pay, i.e., if a worker is employed as a bonafide executive, administrative, professional, outside sales, or computer employee. These exempt categories are cumulatively referred to as the white collar exemption and the workers are called white collar employees. To qualify for such exemptions the job description and/or employment contract must meet certain salary and job duties tests. The past thirty years have seen these tests become outdated resulting in uncertainty and ambiguity in their application. On April 24, 2004 the Wage and Hour Division of the U. S. Department of Labor responded to these decades‐old exemption descriptions with new regulations relating to white collar exemptions of the Act called the FairPay Over time Initiative (here in after referred to asFPOI). The purpose of the new FLSA regulations was to modernize, update, and clarify the criteria for these exemptions and to eliminate legal problems that the prior regulations caused.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"35 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134260250","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}
Managerial LawPub Date : 2005-06-01DOI: 10.1108/03090550510771520
R. Blackman
{"title":"Educating Bulgarian Students for Both National and International Citizenship","authors":"R. Blackman","doi":"10.1108/03090550510771520","DOIUrl":"https://doi.org/10.1108/03090550510771520","url":null,"abstract":"What are the communication experiences associated with educating active citizens and activating youth to address social problems? How does this happen in the context of Bulgaria defining its national as well as European and global identity? This study conducted during the academic year 2003‐2004 specifically looks at how Bulgarian English language teachers are using democratic methods and projects to meet the goals of improved English language and citizenship skills to prepare their students to be active citizens of Bulgaria and future citizens of the European Union. Findings are still preliminary, and this paper will focus on background, methods, highlights and raw data.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133637342","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}
Managerial LawPub Date : 2005-06-01DOI: 10.1108/03090550510771557
G. Dimitrov
{"title":"The Short Happy Life of the American Sociological Tradition","authors":"G. Dimitrov","doi":"10.1108/03090550510771557","DOIUrl":"https://doi.org/10.1108/03090550510771557","url":null,"abstract":"The very headline of this presentation hints at least two things. First, what is meant is the history of American sociology, though it is some what awkward to say so outright. Second, the history of American sociology is accomplished, in an impor tant sense, but one should not say that so out‐right, either. In philosophy, as Wittgenstein advised, whereof we can not speak, thereof we must be silent. A different rule reigns in sociology: whereof we can hint at, thereof we must prove. My first task, there fore, is to prove that no matter how embarrassing it may seem one canspeak of a his tory of American sociology after all. My second task is to prove that it has already been on a course of development specifically characteristic of it. And, finally, my last point will be that this specific course is brought to its desired end. Every thing in its own time. Talking about the history of American sociology is extremely risky. But it is the risk that it makes it worth trying. Part of the risk stems from the issue if there is a history of sociology at all, as well as from the issue if there is American sociology in the proper sense of the word. Apart from this, there is the consideration that it may be the American nature proper of that sociology that makes it the least likely to have its own history. First things first.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121901649","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}
Managerial LawPub Date : 2005-02-01DOI: 10.1108/03090550510771377
Roger Reinsch
{"title":"E‐commerce: managing the legal risks","authors":"Roger Reinsch","doi":"10.1108/03090550510771377","DOIUrl":"https://doi.org/10.1108/03090550510771377","url":null,"abstract":"E‐commerce plays an important role in today’s business environment, and that role will continue to grow each year. eMarketer predicts that by “2004, world wide e‐commerce revenues are expected to total USD 2.7 trillion”. E‐commerce continues to grow in the United States. “The Census Bureau of the Department of Commerce announced today that the estimate of U.S. retail e‐commerce sales for the first quarter of 2004, not adjusted for seasonal, holiday, and trading‐day differences, was $15.5 billion, an increase of 28.1 per cent (±2.9 per cent) from the first quarter of 2003.” “According to a new study by RoperASW and AOL Time Warner, Europeans spent on average EUR430 on line between August and October 2002.” This compares with an average spend of EUR543 per head in the US over the same period.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128532011","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}
Managerial LawPub Date : 2005-02-01DOI: 10.1108/03090550510771386
J. Pearce, Dennis R. Kuhn, S. DiLullo
{"title":"U.S. employers’ legal responsibilities for preventing religious discrimination","authors":"J. Pearce, Dennis R. Kuhn, S. DiLullo","doi":"10.1108/03090550510771386","DOIUrl":"https://doi.org/10.1108/03090550510771386","url":null,"abstract":"The Equal Employment Opportunity Commission in the United States reports a rapid increase in complaints involving religious discrimination in the workplace. Yet, because of vagaries in the legislation that governs employer responsibilities, well‐intended employers are often unclear about appropriate action to take to prevent or respond correctly to religious discrimination charges by employees. This article is intended to provide employers with the guidelines they need to both respect employees’ religious beliefs and avoiding legal liability. This paper examines an employer’s duty under the laws of the United States that are intended to assure a balance between the rules and practices needed to promote the objectives of the business and the religious interests of workers. In particular, we focus on decisions the courts have reached on cases charging religious discrimination in the workplace, with special attention on the U.S. Supreme Court’s role in establishing the parameters of employer action. We also ...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117301240","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}
Managerial LawPub Date : 2004-12-01DOI: 10.1108/03090550410771044
A. Nikodém
{"title":"Constitutional Regulation of Supreme Audit Institutions in Central Europe in a Comparative Perspective","authors":"A. Nikodém","doi":"10.1108/03090550410771044","DOIUrl":"https://doi.org/10.1108/03090550410771044","url":null,"abstract":"Adopting interdisciplinary comparative perspective, this paper seeks to study the variety exhibited by the post‐socialist democratic regimes of Central Europe (CE) in the constitutional status of supreme audit institutions (SAI). More specifically, the focus of this work is the degree of independence that SAI enjoy vis‐a‐vis the branches of government, as it is embodied in the constitutional provisions of selected countries of the region.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133726978","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}
Managerial LawPub Date : 2004-12-01DOI: 10.1108/03090550410771026
S. Abraham
{"title":"An empirical assessment of employment‐at‐will: a tale of two states","authors":"S. Abraham","doi":"10.1108/03090550410771026","DOIUrl":"https://doi.org/10.1108/03090550410771026","url":null,"abstract":"The market’s reactions to six decisions that dealt with the employment‐at‐will doctrine were examined with event study methodology. Three hypotheses were tested, all three of which were supported clearly by the data. Shareholder returns to a sample of California firms fell in response to the three California decisions that provided at‐will employees with causes of action to challenge their discharges; returns to those same firms rose in response to the Foley decision, which cut back on the employment‐at‐will erosions in California; and, returns to a sample of firms in New York rose in response to the two decisions from New York that affirmed the supremacy of the employment‐at‐will doctrine in New York. These results support the view that employment‐at‐will is beneficial for employers and that erosions to that doctrine are costly to employers.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116165380","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}
Managerial LawPub Date : 2004-12-01DOI: 10.1108/03090550410771071
Syed Hussain Shaheed Soherwordi
{"title":"Human security in South Asian paradigm","authors":"Syed Hussain Shaheed Soherwordi","doi":"10.1108/03090550410771071","DOIUrl":"https://doi.org/10.1108/03090550410771071","url":null,"abstract":"Posits an effort has been made to discuss transitions from traditional security to human (or comprehensive security) in South Asia. Concludes that some light has been thrown on the United Nation’s (UN’s) role in security‐shift phenomenon, as the UN also needs some reform.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116201900","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}