Common law

About: Common law is a research topic. Over the lifetime, 30135 publications have been published within this topic receiving 280701 citations. The topic is also known as: judicial precedent & judge-made law.

Gender Equality and Trade Unions: A New Basis for Mobilisation?

Abstract: The promotion of employment equality by trade unions is especially important in the UK. Although legal regulation of the employment relationship has increased, the individualised, private law model characteristic of the UK means legal rights can often remain merely formal entitlements. In the absence of a general labour inspectorate for monitoring and enforcing legal protections, the UK system largely leaves employers and trade unions to translate statute and case law voluntarily through collective bargaining. The recent history of such equality bargaining, and the prospects for it, are the core themes of this chapter.

Speaking Law to Power: The Strategic Use of Precedent of the Court of Justice of the European Union:

Abstract: We argue that courts may increase their autonomy and effectiveness by persuading governmental actors, who have powers over the societal impact of judicial decisions, of the legal quality of their r ...

The Comparative Economics of ICT, Environmental Degradation and Inclusive Human Development in Sub-Saharan Africa

Abstract: This study examines how information and communication technology (ICT) could be employed to dampen the potentially damaging effects of environmental degradation in order to promote inclusive human development in a panel of 44 Sub-Saharan African countries. ICT is captured with internet and mobile phone penetration rates whereas environmental degradation is measured in terms of CO2 emissions per capita and CO2 intensity. The empirical evidence is based on fixed effects and Tobit regressions using data from 2000 to 2012. In order to increase the policy relevance of this study, the dataset is decomposed into fundamental characteristics of inclusive development and environmental degradation based on income levels (low income vs. middle income); legal origins (English Common law vs. French Civil law); religious domination (Christianity vs. Islam); openness to sea (landlocked vs. coastal); resource-wealth (oil-rich vs. oil-poor) and political stability (stable vs. unstable). Baseline findings broadly show that improvement in both of measures of ICT would significantly diminish the possibly harmful effect of CO2 emissions on inclusive human development. When the analysis is extended with the above mentioned fundamental characteristics, we observe that the moderating influence of both our ICT variables on CO2 emissions is higher in the group of English Common law, middle income and oil-wealthy countries than in the French Civil law, low income countries and oil-poor countries respectively. Theoretical and practical policy implications are discussed.

Americans With Disabilities Act Amendments of 2008

Abstract: During the past decade, the U.S. Supreme Court has ruled on three cases, generally referred to as the “Sutton trilogy,” that sharply narrowed the scope of Americans With Disabilities Act (ADA) protection. Specifically, the Court ruled that mitigating and/or corrective measures must be taken into account in determining whether an individual is eligible for protection under the ADA. The authors briefly review the Sutton trilogy case law, summarize the ADA 2008 amendments, and provide recommendations for employers concerning policy development that will proactively address the major modifications of ADA 2008 amendment.