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The law of the labour market : industrialization, employment, and legal evolution
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ISBN: 0191673153 9780191673153 Year: 2005 Publisher: Oxford : Oxford University Press,

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This book examines the evolution of the contract of employment in Britain through an investigation of changes in its juridical form during and since the industrial revolution.


Book
Is law computable? : critical perspectives on law and artificial intelligence
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ISBN: 9781509937066 1509937064 9781509937073 1509937072 9781509937097 1509937099 1509937080 Year: 2020 Publisher: Oxford, UK ; [London, England] : Hart Publishing, an imprint of Bloomsbury Publishing, Bloomsbury Publishing,

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"What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai"--


Book
Capacitas : contract law and the institutional preconditions of a market economy
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ISBN: 1472560523 128244445X 9786612444456 1847315216 Year: 2009 Publisher: Oxford, [Eng.] Portland, Oregon Hart Publishing

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One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and context-specific. The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, 'capacity' is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy


Book
Corporate governance and managerial reform in Japan
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ISBN: 019160982X 9786612383427 1282383426 0191571822 Year: 2009 Publisher: Oxford ; New York : Oxford University Press,

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Japanese corporate governance and managerial practice is at a critical juncture. At the start of the decade pressures mounted for Japan to move to a shareholder-value driven, 'Anglo-American' system of corporate governance. Subsequent changes, however, may be seen as an adjustment and renewal of the post-war model of the Japanese firm. In adapting to global corporate governance standards, Japanese managers have also been reshaping them according to their own agenda of reform andrestructuring of decision-making processes.The board's role is seen in terms of strategic planning rather than monito


Book
Hedge fund activism in Japan
Authors: --- ---
ISBN: 1107230543 1139411543 1280683031 9786613659972 1139422901 113906147X 1139419889 113942193X 1139417843 1139423975 9781139423977 9781139421935 9781139061476 9781107016835 1107016835 9781107230545 9781139411547 9781280683039 6613659975 9781139422901 9781139419888 9781139417846 9781107672505 1107672503 Year: 2012 Publisher: Cambridge Cambridge University Press

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Hedge fund activism is an expression of shareholder primacy, an idea that has come to dominate discussion of corporate governance theory and practice worldwide over the past two decades. This book provides a thorough examination of public and often confrontational hedge fund activism in Japan in the period between 2001 and the full onset of the global financial crisis in 2008. In Japan this shareholder-centric conception of the company espoused by activist hedge funds clashed with the alternative Japanese conception of the company as an enduring organisation or a 'community'. By analysing this clash, the book derives a fresh view of the practices underpinning corporate governance in Japan and offers suggestions regarding the validity of the shareholder primacy ideas currently at the heart of US and UK beliefs about the purpose of the firm.


Book
Deakin and Morris' labour law
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ISBN: 9781509943548 Year: 2021 Publisher: Oxford, UK ; New York, NY : Hart,

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"Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject"--


Book
Labour, finance and inequality : the insecurity cycle in British public policy
Authors: --- --- ---
ISBN: 1317418948 1315687704 131741893X Year: 2018 Publisher: New York : Routledge,

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"Following the 2008 "global" financial crisis, the viability of globalised financial capitalism was called into question. The resulting fear and uncertainty produced a momentary return to "Keynesian" policies. But as soon as emergency stimuli and bank bail-outs appeared to stabilise the situation, there was a sharp reversal; and successive British governments and the financial sector have since attempted to return to business as usual.Historically, much smaller shocks have been able to produce dramatic change, with the 1978 "Winter of Discontent" providing a catalyst for the election of Margaret Thatcher, the ultimate abandonment of the post-war Keynesian consensus, and the ushering-in of neoliberalism. Nor is apparent success a guarantee against change, with Winston Churchill being swept from office by the first majority Labour government in 1945 at a point which should have marked his greatest triumph.In this book, these apparently inexplicable shifts in the conventional wisdom and the accompanying policy paradigm are explored through the lens of the interest groups that have jostled for position since the second industrial revolution. In this context, inequality, poverty, free market capitalism and the social welfare state have interacted in an uneasy, dynamic dance the "insecurity cycle". The authors explore these interactions, their impact on the relationship between society and the economy, and the possible implications of Brexit and a re-energised political left.Written in an engaging and accessible style, Labour, Finance and Inequality will be a key resource for academics and students of social and political economics as well as public policy. It will also offer considerable insight to policy makers and a more general non-specialist audience."--Provided by publisher.


Book
The future of labour law : liber amoricum Bob Hepple QC
Authors: --- --- ---
ISBN: 1472563123 1280800674 9786610800674 1847311768 Year: 2004 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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"All over the world a different kind of labour law is in the process of formation; in Gramsci's phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field."--Bloomsbury Publishing.


Book
Directors and Officers (D and O) Liability
Authors: --- --- --- ---
ISBN: 3110489961 Year: 2018 Publisher: Berlin [Germany] Boston [Massachusetts] De Gruyter

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In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.


Book
L'entreprise dans un monde sans frontières : perspectives économiques et juridiques

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