scholarly journals Captive Audience Meetings and Forced Listening

2008 ◽  
Vol 63 (4) ◽  
pp. 694-718 ◽  
Author(s):  
Sara Slinn
Keyword(s):  
Lessons Learned ◽  
Free Expression ◽  
Union Organizing ◽  
Labour Law ◽  
Marketplace Of Ideas ◽  
Labour Relations ◽  
American Experience ◽  
Definition Of ◽  
The U.S

Widespread adoption of mandatory representation votes and express protection of employer speech invite employer anti-union campaigns during union organizing, including employer-held captive audience meetings. Therefore, the problem of whether and how to restrict employers’ captive audience communications during union organizing is of renewed relevance in Canada. Captive meetings are a long-standing feature of American labour relations. This article considers how treatment of captive meetings evolved in the U.S., including the notion of employee choice; the “marketplace of ideas” view of expression dominating the American debate; and the central role of the contest between constitutional and statutory rights. It also considers the concept of “forced listening” and the associated Captive Audience doctrine in U.S. constitutional law and considers its possible application to captive audience meetings and the Charter definition of free expression. Finally, it offers suggestions about how Canadian labour law can benefit from lessons learned from the American experience.

Covert Action: United States Law in Substance, Process, and Practice

2010 ◽  
pp. 586-607 ◽  
Author(s):  
James E. Baker
Keyword(s):  
National Security ◽  
Executive Branch ◽  
Legal Practice ◽  
Legal Regime ◽  
Covert Action ◽  
The Third ◽  
Definition Of ◽  
Traditional Activity ◽  
The U.S

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.

scholarly journals Labour Constitutions and Market Logics

2017 ◽  
Vol 27 (4) ◽  
pp. 512-528 ◽  
Author(s):  
Robert Knegt
Keyword(s):  
Historical Perspective ◽  
Labour Markets ◽  
Labour Law ◽  
Labour Relations ◽  
Economic Perspectives

The article evaluates labour law’s strategies of coping with the pressure put on its project of realizing justice by a hegemony of economic perspectives on labour markets. Its consequences for a methodology of labour law are set out by critically engaging with recent proposals made by Simon Deakin and Ruth Dukes. It is argued that a socio-historical perspective on the role of legal models in actually shaping labour relations can enrich the concept of a ‘labour constitution’.

Labour is the essence of coexistence, and the labour law is the oldest legislation

10.12737/509 ◽  
2013 ◽  
Vol 1 (3) ◽  
pp. 164-174 ◽  
Author(s):  
Виктор Кривой ◽  
Victor Krivoy
Keyword(s):  
Old Testament ◽  
Human Values ◽  
Labour Law ◽  
World Religion ◽  
Social Phenomena ◽  
Labour Relations ◽  
The New Testament ◽  
Working People ◽  
Lev Tolstoy

The article explores the origins of labour and a man on the base of the Old Testament, references to work in the New Testament, and the role of the working people in the transformation of Christianity into a world religion. The autor makes conclusions about the origin of the pre-state labour law, its historical superiority over other branches of law, arising of all contemporary social phenomena (morality, art, family, society, law, state, science, etc.) out of labour relations. Especially stressed the role of Lev Tolstoy in the disclosure of Christian and human values of labour and picking up its status in society.

Diplomats, Banana Cowboys, and Archaeologists in Western Honduras: A History of the Trade in Pre-Columbian Materials

2006 ◽  
Vol 13 (1) ◽  
pp. 25-57 ◽  
Author(s):  
Christina Luke
Keyword(s):  
Archaeological Record ◽  
Cultural Patrimony ◽  
Archaeological Ethics ◽  
Antiquities Market ◽  
Archaeological Work ◽  
History Of ◽  
Definition Of ◽  
Opening Up ◽  
The U.S

This paper explores access to the Honduran past with a focus on northwestern Honduras, particularly the Ulua Valley. The foundations of national patrimony legislation and the practice of collecting antiquities are used to explore whether the disassociation of the archaeological community from the collecting sphere over the last several decades has better protected the archaeological record. I argue that early field expeditions led by U.S. archaeologists, the shipment of their finds to U.S. institutions, and subsequent massive looting galvanized Honduran efforts aimed at national patrimony legislation. The roles of the U.S. government and U.S.-based businesses as negotiating bodies in the early days of Honduran expeditions from 1890 to 1940 are explored in detail, particularly in the sphere of opening up the region to collectors and the role of the U.S. antiquities market. We can understand the early days of collecting in Honduras precisely because of the close relationships once forged between collectors, museums, and archaeologists, networks that have now disappeared because of current conceptions of archaeological ethics. The changing definition of a collector represents a key point throughout this analysis; at one time archaeologists, museums, and businesses were the primary collectors. The shift from the labelcollectortoarchaeologistis explored through the lens of the development of archaeology as a discipline, with a particular emphasis on context, and the contemporary legislative efforts aimed at cultural heritage projection. The essay concludes with a look at recent archaeological work in the region and the increasingly strict cultural patrimony legislation, specifically the 2004 U.S.–Honduran Memorandum of Understanding.

scholarly journals Current Challenges of the Labour Law of Ukraine: On the Way to European Integration

2018 ◽  
Vol 27 ◽  
pp. 88-93
Author(s):  
Yana Simutina
Keyword(s):  
European Integration ◽  
Rapid Development ◽  
Radical Change ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Labour Law ◽  
Labour Relations ◽  
Labour Legislation ◽  
Atypical Employment ◽  
Definition Of

The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.

scholarly journals The Contribution of Mechanistic Understanding to Phenotypic Screening for First-in-Class Medicines

2013 ◽  
Vol 18 (10) ◽  
pp. 1186-1192 ◽  
Author(s):  
David C. Swinney
Keyword(s):  
Drug Discovery ◽  
Recent Analysis ◽  
Phenotypic Screening ◽  
Central Feature ◽  
Molecular Mechanism Of Action ◽  
Mechanistic Understanding ◽  
Definition Of ◽  
The U.S

The level of mechanistic understanding required for drug discovery is a central feature of most strategies. However, an understanding of mechanism is not required for regulatory approval. This paradox is particularly relevant to the role of phenotypic assays in drug discovery. A recent analysis revealed that phenotypic drug discovery strategies were more successful for first-in-class medicines, whereas target-based molecular strategies were more successful for followers ( Nat. Rev. Drug Discov.2011, 10, 507–519). The rationale for the success of phenotypic screening was the unbiased identification of the molecular mechanism of action. In this follow-up analysis, the format and mechanistic information used to establish the phenotypic assays that led to the first-in-class small-molecule new molecular entities approved by the U.S. Food and Drug Administration between 1999 and 2008 were analyzed and compared with those approved in 2012. Not surprisingly, some level of mechanistic understanding was used to select the assay formats and chemicals screened. It is concluded that mechanism takes on different connotations depending on context and perspective and that a target need not always be the exclusive definition of mechanism.

The Persistence of Criminal Law and Police in Collective Labour Relations

2020 ◽  
pp. 362-388
Author(s):  
Alan Bogg ◽  
KD Ewing ◽  
Andrew Moretta
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Labour Law ◽  
Labour Relations ◽  
Trade Unionist ◽  
State Surveillance ◽  
And Control ◽  
General Strike ◽  
Historical Periods

This chapter examines the role of criminal law and police power in regulating and restricting collective labour activities. In so doing, it challenges the dominant view that the historical development of collective labour law involved the progressive withdrawal of criminal law from trade union affairs. The chapter draws upon sociologically and historically based accounts of criminal law to examine the development of collective labour relations across different historical periods. It argues that a wider framing of criminal law interventions, to include discretionary ‘police’ measures, reveals a much more persistent presence for criminal law as a mode of repression and control. This has been most pronounced during periods of ‘emergency’, such as the general strike, wartime, and the miners’ strike during the mid-1980s. More recently, the chapter suggests that there has been a ‘normalization’ of emergency, with the radical trade unionist emerging as a new dangerous status that is the object of covert state surveillance and disciplinary control.

The architecture of modern anti-unionism in Canada: Class struggle and the erosion of workers’ collective freedoms

2018 ◽  
Vol 43 (3) ◽  
pp. 459-481
Author(s):  
Charles Smith ◽  
Andrew Stevens
Keyword(s):  
Collective Bargaining ◽  
Labour Law ◽  
Labour Movement ◽  
Labour Relations ◽  
The Past ◽  
Role Of The State ◽  
Private And Public ◽  
Labour Legislation ◽  
The Relationship

Over the past four decades, governments have backed away from the promotion of collective bargaining in Canada resulting in a tendency towards anti-unionism. Examining this new reality, this article investigates two interrelated trends in Canadian anti-unionism over the last two decades in an effort to conceptualize the role of the state in regulating labour relations. First, we investigate legislative attempts to undermine or eliminate the ability of workers to collectively bargain and strike. Second, the article unpacks the political economy of anti-unionism in the private sector by focusing on the role of lobby groups that have shaped labour legislation. These two interrelated threads allow us to expose the relationship between employers and governments, which has threatened the strength of organized labour in the private and public sector and shaped a uniquely Canadian anti-unionism. Finally, we conclude by examining both the strengths and limitations of the unique fight-back strategies used by the labour movement, which has sought to elevate aspects of Canadian labour law to be protected by the Charter of Rights and Freedoms. This, we argue, offers restrictive possibilities for advancing collective bargaining rights in the existing labour relations framework.

Toward a New Self-Understanding: The U.S. Catholic Missionary Movement on the Eve of the Quincentennial

1992 ◽  
Vol 20 (4) ◽  
pp. 457-468
Author(s):  
Stephen P. Judd
Keyword(s):  
Latin America ◽  
The United States ◽  
Present Moment ◽  
American Experience ◽  
The North ◽  
Starting Point ◽  
Missionary Movement ◽  
Internal And External Factors ◽  
The U.S

This article takes as its starting point the presence and evolving role of U.S. Catholic missioners in Latin America. The occasion of the 500 Years Commemoration provides an opportunity to reconsider this contemporary movement and its contribution to forging a church from the perspective of the poor in Latin America. It examines those internal and external factors that have shaped a new way of doing mission based on a recognition of “otherness” and develops some of the motivations that are unique to the North American experience. Awareness of these contributions together with challenges that arise out of the present moment form the backdrop for what is envisioned as an ongoing attempt to articulate the U.S. Catholic missionary movement both in Latin America and the United States.

The Journey of Serving as an Army Reserve Social Worker

2020 ◽  
pp. 93-135
Author(s):  
Vaughn A. DeCoster
Keyword(s):  
Social Worker ◽  
The United States ◽  
Lessons Learned ◽  
Combat Stress ◽  
Community Resources ◽  
Army Reserve ◽  
Human Costs ◽  
Emotional Strain ◽  
The U.S

In this chapter, the author describes how and why he joined the U.S. Army and became a social worker officer, commanding a combat stress team in Baghdad during the surge of 2006–2007. He explains the lessons learned from a combat deployment, providing mental health services to military and civilian personnel in theater, and working with veterans adjusting to life back home in the United States. The author also discusses the emotional strain and costs of doing trauma work—that selfless service is fine but not very realistic in an intense environment; that establishing rapport quickly under stressful conditions is important; and that some wars are unwinnable or not worth the human costs. Finally, the author describes postcombat readjustment and the role of community resources like the Department of Veteran’s Affairs Vet Center.

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