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McColgan KC A: Discrimination Law

Discrimination Law

Text, Cases and Materials

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

Routledge Library Editions: Work & Society

This book was originally published in 1981 at a time when mass unemployment had returned to the United Kingdom. Now reissued with a new Preface by the author's literary executor, the essays in this volume discuss in detail the damage that was being done to the community and the economy at national and regional levels as a result of government policy. There are chapters on the political and economic aspects of the problem, on the comparison with the inter-war years, on youth unemployment and on unemployment in each of the regions worst affected. The collection as a whole provides an authoritative overview of a central political issue of the late 20th Century but one which still has resonance today as the post-Covid, post-Brexit UK economy teeters on the edge of recession.

Unemployment

Hart Studies in Constitutional Law

This book provides the most complete history of the Regency Acts and Counsellors of State ever undertaken. Using documents from the National Archives, the book outlines why the position was created in the early 20th century, how the question of a regency and Counsellors of State became entangled with the abdication of Edward VIII, and how the position became a crucial feature of the reign of Elizabeth II. Counsellors of State were a little-known part of the constitutional monarchy. Yet, recently, the role has attracted public scrutiny as Princes Harry and Andrew remain Counsellors despite their withdrawal from public life. Counsellors can deputise for the monarch when they are overseas or unwell, ensuring that the monarchy can continue to fulfil its constitutional functions. The book explains the role of Counsellors and the legal and practical problems surrounding their functions. It also discusses the problems with how the Regency Acts provide for a regent. The reign of Charles III raises important questions both for the present and the future. The King is known to favour a "slimmed down", more flexible, modern monarchy. Reforming the positions of Counsellors of State and regent could be part of this. Should the position be used to smooth the transition to William V? Should the British monarchy follow examples from other monarchies in Europe and allow a monarch to retire with the heir to the throne acting as regent? The book concludes with suggested reforms to ensure that the modern monarchy continues to fulfil its constitutional duties.

Regency, Counsellors of State, and the Future of the Modern Monarchy

A revealing look at the decline in formal employment in favor of hiring contractors, freelancers, temps, and marginal workers, who are excluded from traditional benefits and career ladders. Companies cannot exist without workers, but they are increasingly reluctant to have employees. Instead of providing the benefits and protections that have traditionally come with employee status, businesses are turning to tactics that let them treat people as interchangeable parts, to be used and discarded as needed. Drawing on an original survey of over 6,000 workers, Disposable Workers reveals the striking extent of this transformation across the occupational hierarchy, affecting everyone from janitors to nurses. Paul Osterman identifies three distinct categories of disposable workers: contractors, freelancers, and marginal employees. The marginal category, unique to Osterman's analysis, describes workers who are employees from a narrow legal standpoint but are held at arm's length by their firm--left without job security, skill training, or opportunities for promotion. Many low-wage service workers toil in marginal jobs, but so do white-collar professionals such as adjunct university faculty and staff attorneys at law firms. When the three categories are added up, they account for more than 35 percent of the American workforce. Not all disposable workers object to their arrangements. But most contractors and marginal employees would prefer standard employment, and there is a significant cost to their current status. In response, Disposable Workers offers a range of policy recommendations, including mechanisms to prevent over-reliance on contracting and freelancing as well as reforms to improve job quality for part-timers and marginal employees. As the deconstruction of employment affects more and more workers, the importance of such measures will only grow.

The Transformation of Employment

Disposable Workers

Lawyers in the Anti-Trafficking Space

Navigating the Legal Landscapes of Modern Slavery and Immigration

This collection of essays presents a socio-legal history of epidemics from the medieval period to the present day. Building on previous studies of infectious diseases undertaken by social historians of medicine, this collection explores the histories of epidemics and disease by looking at the legal measures deployed against them. Whilst previous works have considered the mechanisms by which legal change occurs, the social and political assumptions on which new laws and new legal structures are premised and the social changes which follow, this book focuses on the way in which historical actors understood law to be a complex means of responding to disease and the way in which that law shaped (and limited) the responses which could be made to disease. Taking an interdisciplinary approach, it features contributions from scholars across a range of academic disciplines who consider the wider implications of epidemics and disease beyond the obvious health effects. The collection focuses first on regulatory responses such as the quarantine laws and border policies in the eighteenth century, the framing of 'disease' in the Colonial Immigration Acts in the nineteenth century and the ethics of public health in the twentieth century in Great Britain. It then goes on to consider developments in broader legal doctrine which themselves resulted from social and/or legal responses to disease, including the centralisation of labour regulation in the wake of the black death, property disputes about leper houses, pest houses and fever hospitals, and the prosecution of medical professionals for disease transmission in 19th century England. Methodologically all the chapters are historical, but a range of approaches has been taken, from quite traditional doctrinal legal history through socio-legal history to traditional political and social history, to bring the history of epidemics and the legal measures deployed against them in to sharp focus.

Epidemics and the Law from Plague to the Present

This is an accessible practical guide to assist criminal court practitioners in preparing and conducting court business, covering issues most commonly raised during criminal court hearings. The book is split into nine elemental areas which a competent and effective court lawyer needs to know well. These areas include coverage of procedural issues; evidential issues; major legal concepts; the most frequently prosecuted charges, as well as road traffic matters and sentencing. Regardless of how well prepared a lawyer may be, the likelihood is that something unexpected will occur during court, be it in a trial, proof or debate. With this text, a practitioner need access only one book to quickly answer most issues likely to be raised daily, rather than carry around numerous different books or access different websites. The book is a 'one stop' resource for matters which practitioners are likely to regularly encounter. This title is included in Bloomsbury Professional's Scottish Law Service and Scots Law Student Service.

A Practical Guide to Scottish Criminal Law

Routledge Revivals

First published in 1985, Investigating Rape examines practices related with rape in four United States police departments and suggests what lessons the British police service might draw from them. The author urges greater recognition of the emotional trauma suffered by rape victims and the effects of that trauma on the relationship between victims and investigators. He recommends changes in police procedure, including new approaches in interviewing style and changes in training and in liaison with agencies who provide help to victims. This book will be of interest to any police official as well as to students of law and criminology.

A New Approach for Police

Investigating Rape

This book responds to the need to distinguish human creations from those produced by AI. It does so by tracing human attributes of authorship and inventorship in statutory requirements for protection and ownership in European copyright and patent laws. Its main contribution lies in exposing shortcomings in how the laws are applied in the UK, Germany, and France. It shows that the human origin of creations is traditionally inferred from their expressive form or technical character. Given the advancements in AI, such inferences are no longer legitimate. What is more, these shortcomings may eventually lead to granting copyright or patent protection where none is lawfully permitted or sufficiently justified. To remedy the situation, this book offers doctrinal and conceptual amendments and proposes law reforms to implement them. This book guides authorities, practitioners, and students through the main arguments of the debate concerning copyright and patents for objects entirely or partly generated by AI. It also makes original contributions to advance the ongoing academic and policy debates on AI and intellectual property law.

Authorship and Inventorship Revisited

Copyright and Patent Laws for the Age of Artificial Intelligence

This book critically examines the development and operation of administrative justice in the UK. Everyday, people have millions of interactions with government and public services. Administrative justice is concerned with the fairness of these interactions and the redress mechanisms people can use when things go wrong. Administrative justice is a large and expanding part of the legal system and of governmental activity in the United Kingdom. It includes initial administrative decision-making, the delivery of public services as well as redress and scrutiny mechanisms, principally tribunals, complaint-handling and ombudsmen. Administrative justice encompasses a far greater number of decisions than the caseloads of the courts. This book explores what administrative justice is, why it is important, how it has evolved, how it works in practice and how it could be improved. Combining theoretical and empirical analysis, the book examines various contexts in which administrative justice operates, including benefits and special educational needs and disability. It also examines the social and political forces that drive the development of administrative justice and critically analyses the creation, operation and effectiveness of redress institutions.

Administrative Justice in the United Kingdom

A Practical Guide to Part III MFPA 1984 Claims

Financial Relief After Foreign Divorce

Economic Organization of the British Coal Industry (1934) is a study that shows on the one hand the organization of the coal industry in Britain in the 1930s in conjunction with the economic forces working behind the industry, and on the other hand shows the influence of political, authoritarian thought on its structure.

Economic Organization of the British Coal Industry

Discrimination Law

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