Mark J. Roe
- Published in print:
- 2004
- Published Online:
- September 2007
- ISBN:
- 9780199269761
- eISBN:
- 9780191710087
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199269761.003.0013
- Subject:
- Business and Management, Corporate Governance and Accountability
This chapter questions the power of law in solving CG problems and maintains that there are societal and political forces that are likely to shape governance structures irrespective of any ...
More
This chapter questions the power of law in solving CG problems and maintains that there are societal and political forces that are likely to shape governance structures irrespective of any regulation. In particular, the most common configuration of those forces around the world tends to reinforce concentrated ownership no matter what laws are adopted to protect minority shareholders. The chapter presents a new regression analysis of a wide database on political indicators and ownership concentration in sixteen major countries, which supports the conjecture that political variables, in particular the degree of employment protection and trade union strength, are strong inverse correlates of ownership separation and the diffusion of public companies.Less
This chapter questions the power of law in solving CG problems and maintains that there are societal and political forces that are likely to shape governance structures irrespective of any regulation. In particular, the most common configuration of those forces around the world tends to reinforce concentrated ownership no matter what laws are adopted to protect minority shareholders. The chapter presents a new regression analysis of a wide database on political indicators and ownership concentration in sixteen major countries, which supports the conjecture that political variables, in particular the degree of employment protection and trade union strength, are strong inverse correlates of ownership separation and the diffusion of public companies.
Colin Crouch
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199694761
- eISBN:
- 9780191741289
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199694761.003.0005
- Subject:
- Business and Management, Organization Studies
This chapter tests the utility of dominant typologies of modern capitalism in accounting for different patterns of relationship among characteristics of industrial relations systems, the regulation ...
More
This chapter tests the utility of dominant typologies of modern capitalism in accounting for different patterns of relationship among characteristics of industrial relations systems, the regulation of conditions of employment, and labour-related social spending. It further relates these variables to indicators of economic ‘success’ in the provision of employment and the pursuit of innovation. It finds some, but weak, support for certain elements in typologies, but speculates that the most important differences among capitalist economies might lie at a different level.Less
This chapter tests the utility of dominant typologies of modern capitalism in accounting for different patterns of relationship among characteristics of industrial relations systems, the regulation of conditions of employment, and labour-related social spending. It further relates these variables to indicators of economic ‘success’ in the provision of employment and the pursuit of innovation. It finds some, but weak, support for certain elements in typologies, but speculates that the most important differences among capitalist economies might lie at a different level.
Vanessa H. May
- Published in print:
- 2011
- Published Online:
- July 2014
- ISBN:
- 9780807834770
- eISBN:
- 9781469603094
- Item type:
- book
- Publisher:
- University of North Carolina Press
- DOI:
- 10.5149/9780807877906_may
- Subject:
- Society and Culture, Gender Studies
Through an analysis of women's reform, domestic worker activism, and cultural values attached to public and private space, this book explains how and why domestic workers, the largest category of ...
More
Through an analysis of women's reform, domestic worker activism, and cultural values attached to public and private space, this book explains how and why domestic workers, the largest category of working women before 1940, were excluded from labor protections that formed the foundation of the welfare state. Looking at the debate over domestic service from both sides of the class divide, it assesses middle-class women's reform programs as well as household workers' efforts to determine their own working conditions. The author argues that working-class women sought to define the middle-class home as a workplace even as employers and reformers regarded the home as private space. The result was that labor reformers left domestic workers out of labor protections that covered other women workers in New York between the late nineteenth century and the New Deal. By recovering the history of domestic workers as activists in the debate over labor legislation, the author challenges depictions of domestics as passive workers and reformers as selfless advocates of working women. The book illuminates how the domestic-service debate turned the middle-class home inside out, making private problems public and bringing concerns such as labor conflict and government regulation into the middle-class home.Less
Through an analysis of women's reform, domestic worker activism, and cultural values attached to public and private space, this book explains how and why domestic workers, the largest category of working women before 1940, were excluded from labor protections that formed the foundation of the welfare state. Looking at the debate over domestic service from both sides of the class divide, it assesses middle-class women's reform programs as well as household workers' efforts to determine their own working conditions. The author argues that working-class women sought to define the middle-class home as a workplace even as employers and reformers regarded the home as private space. The result was that labor reformers left domestic workers out of labor protections that covered other women workers in New York between the late nineteenth century and the New Deal. By recovering the history of domestic workers as activists in the debate over labor legislation, the author challenges depictions of domestics as passive workers and reformers as selfless advocates of working women. The book illuminates how the domestic-service debate turned the middle-class home inside out, making private problems public and bringing concerns such as labor conflict and government regulation into the middle-class home.
Sandra Fredman
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780198763239
- eISBN:
- 9780191695216
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198763239.003.0005
- Subject:
- Law, Employment Law
This chapter examines the role of law in protecting working women against detrimental treatment on grounds of pregnancy and maternity or motherhood. In contends that real structural change can only ...
More
This chapter examines the role of law in protecting working women against detrimental treatment on grounds of pregnancy and maternity or motherhood. In contends that real structural change can only occur as part of a deep-seated commitment to the value of parenthood and childcare. This change would entail more than just protection of women against prejudice and the facilitation of a return to paid work after childbirth. It would a bring about change in the nature of work and working to allow parents to become full participants in paid work and in parenting.Less
This chapter examines the role of law in protecting working women against detrimental treatment on grounds of pregnancy and maternity or motherhood. In contends that real structural change can only occur as part of a deep-seated commitment to the value of parenthood and childcare. This change would entail more than just protection of women against prejudice and the facilitation of a return to paid work after childbirth. It would a bring about change in the nature of work and working to allow parents to become full participants in paid work and in parenting.
Sergio Gamonal C. and César F. Rosado Marzán
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190052669
- eISBN:
- 9780190052690
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190052669.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective ...
More
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.Less
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.
