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Author: Oana ?tefan Publisher: Kluwer Law International B.V. ISBN: 9041148000 Category : Law Languages : en Pages : 286
Book Description
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Author: Oana ?tefan Publisher: Kluwer Law International B.V. ISBN: 9041148000 Category : Law Languages : en Pages : 286
Book Description
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Author: Marcia McCormick Publisher: Aspen Publishing ISBN: 1543822193 Category : Law Languages : en Pages : 94
Book Description
Updates and Commentary on Employment Discrimination Law 2020, reviews developments in the field of employment discrimination law during the past year, with some notable developments from prior years where particularly influential. The review offers edited versions of some of the most important cases, summaries of other cases, and summaries of enacted and proposed legislation for an audience of researchers, students, and practitioners. The update is designed to quickly bring readers up to date with new developments in the field. Hot topics discussed include the continuing evolution in the law concerning arbitration, developments in methods of proof in disparate treatment cases, limitations on the reach of disparate impact claims, developments in mixed motives cases, new commentary and legislation connected with the #MeToo movement, developments connected with the gender pay gap, expansion of antidiscrimination protection to natural hair styles, developments in antidiscrimination protection of LGBTQ+ employees, and an upsurge in defenses based on claims of religious freedom.
Author: Robert Belton Publisher: West Academic Publishing ISBN: Category : Discrimination in employment Languages : en Pages : 1080
Book Description
Reflecting the dominate theme of workplace equality, the authors go beyond this general consensus to affirm that the fundamental purpose of laws prohibiting employment discrimination is to implement the national civil rights policy. Organized around an examination of the reach and limits of laws, the book scrutinizes the federal statutory protection against employment discrimination. Constitutional provisions and state laws are included where appropriate. In addition, this new edition extensively uses scholarship drawn from the work of critical race theorists and feminist legal scholars. It also has materials on the law and economics approach to employment discrimination.
Author: Sandra F. Sperino Publisher: ISBN: 9781531012144 Category : Languages : en Pages : 740
Book Description
This casebook, originally with lead author Susan Grover, asks students to view legal problems from different perspectives, such as a plaintiff's lawyer, a judge, an in-house counsel, a defense attorney, a victim of discrimination, a person accused of discrimination, a human resources professional, and an employer. Notable changes to the third edition include additional practice exercises and updated materials on disability discrimination, religious discrimination, pregnancy discrimination, and sexual orientation discrimination. In particular, the chapter on protected traits and special issues has been modified to reflect recent developments in employment discrimination law.
Author: C. Kerry Fields Publisher: Aspen Publishing ISBN: 1543826156 Category : Law Languages : en Pages : 1480
Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. p>Contemporary Employment Law, Fourth Edition, is a straightforward approach to learning the legal essentials of managing a modern workforce, through a practical, balanced discussion of employment and labor law. Designed for a one-semester course that covers the major aspects of employment and discrimination law, the text begins by identifying the differences between employees and independent contractors. In a three-part format, the authors cover the Employment Relationship, Equal Opportunity Laws, and Employee Protections and Benefits. The text is written with the student in mind, with interesting examples, concept summaries, modern topics and issues, and a clearly written narrative approach to the material. The revised Fourth Edition continues to provide the information students need in a practical and contemporary text. New to the Fourth Edition: New summary charts provide helpful overviews of complex topics: Recruitment, Selection, and Testing at the end of Chapter 2 Remedies for Discrimination Claims at the end of chapter 4 Post Hire Employment Discrimination Claims at the end of Chapter 5 Leaves of Absence at the of Chapter 11 Wage and hour claims at the end of Chapter 14 WARN Mass Layoffs and Plant Closures at the end of Chapter 14 The most up-to-date developments in employment law, with new statutes, regulations, and Supreme Court cases, including those on gender orientation and transgender status. An updated glossary which makes it easier for students to find definitions of the important terms discussed in the text. Updated forms. Professors and student will benefit from: Rich pedagogical design Landmark as well as current cases, edited to give attention to the key points while using the actual language of the court in its decision Every briefed case includes thought provoking Focus on Ethics questions Sample forms used in employment law and human resource practice are placed throughout the text and enable students to appreciate how a concept is applied in the real world. Practice problems for exam review that facilitate student learning Teaching materials Include: Instructor’s Manual Test Bank PowerPoints
Author: Laura Beth Nielsen Publisher: Springer Science & Business Media ISBN: 1402034555 Category : Social Science Languages : en Pages : 462
Book Description
There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.
Author: Joel Wm. Friedman Publisher: Aspen Publishing ISBN: Category : Law Languages : en Pages : 376
Book Description
Examples & Explanations: Employment Discrimination, well-known and highly respected author Joel Friedman utilizes the time-tested Examples and Explanations format to expand on employment law and include content based on recent changes to employment discrimination law. Comprehensive and easily understood, the Fifth Edition of Examples & Explanations: Employment Discrimination offers students a precise synopsis of employment discrimination law along with numerous deftly written questions to help students accurately and persuasively apply the applicable doctrine to the relevant facts. New to the Fifth Edition: Title VII: Reformulation of Undue Hardship Test for Religious Accommodation Cases under Title VII Title VII: Expansion of ministerial exception in religious accommodation cases under Title VII Title VII: narrowing of protection for opposition activity in retaliation claims under Title VII Title VII: expansion of sexual harassment claims under Title VII to include sex stereotyping Affirmative Action: Prohibition of use of race in university admissions policies Professors and students will benefit from: Includes references to all important developments through Supreme Court's 2022-2023 term
Author: Henry H. Perritt, Jr. Publisher: Wolters Kluwer ISBN: 145487290X Category : Languages : en Pages : 360
Book Description
Employment Law Update, 2016 Edition analyzes recent developments in case law of interest to employment law practitioners representing plaintiffs, defendants, and labor unions and comprehensively covers recent developments in the rapidly changing employment and labor law field. Comprised of nine chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2016 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Some of the new material discussed in this 2016 Edition include: Trans-boundary shipments of hazardous wastes (revisions to the list of OECD member countries) Extensive revisions and new requirements for secondary containment and operator training for underground storage tanks Final authorization of state hazardous waste management program revisions for Idaho, North Carolina, Michigan, Louisiana, and Texas Final authorization of state-initiated changes and incorporation by reference of state hazardous waste management program for Texas And more!
Author: Oana ?tefan
Author: Oana ?tefan
Author: Marcia McCormick
Author: Robert Belton
Author: Comparative Labor Law Seminar
Author: Sandra F. Sperino
Author: C. Kerry Fields
Author: Laura Beth Nielsen
Author: Joel Wm. Friedman
Author: Abraham Mehrez
Author: Henry H. Perritt, Jr.