Continuity

2019 ◽  
pp. 119-144
Author(s):  
Gamonal C. Sergio ◽  
César F. Rosado Marzán
Keyword(s):  
United States ◽  
Private Sector ◽  
The United States ◽  
Employment Contracts ◽  
Employment At Will ◽  
The Public ◽  
Unfair Dismissal ◽  
Wrongful Dismissal ◽  
The U.S ◽  
At Will

Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.

A Defense of Just Cause Dismissal Rules

2003 ◽  
Vol 13 (2) ◽  
pp. 151-175 ◽  
Author(s):  
John J. McCall
Keyword(s):  
United States ◽  
Private Property ◽  
The United States ◽  
Economic Consequences ◽  
Employment At Will ◽  
Just Cause ◽  
Freedom Of Contract ◽  
Advanced Economies ◽  
The U.S ◽  
At Will

Abstract:The United States is distinctive among advanced economies in that its employment laws and practices are governed by Employment at Will (EAW). Most other nations have variations on Just Cause dismissal rules. I argue that the U.S. preference for EAW is unsupported by concerns about net social or economic consequences. More centrally, I argue that the basic moral commitments that underlie the U.S. system of private property and freedom of contract are commitments that lend support to Just Cause over EAW.

scholarly journals Women in Public Administration in the United States: Leadership, Gender Stereotypes, and Bias

2021 ◽  
Author(s):  
Sofia Calsy ◽  
Maria J. D'Agostino
Keyword(s):  
United States ◽  
Private Sector ◽  
Women Of Color ◽  
The United States ◽  
Fortune 500 ◽  
Women In Leadership ◽  
Leadership Positions ◽  
Public And Private ◽  
The Public ◽  
The U.S

In the public and private sectors, women continue to address multiple hurdles despite diversity and equity initiatives. Women have made tremendous strides in the workforce but are still a minority in leadership positions worldwide in multiple sectors, including nonprofit, corporate, government, medicine, education, military, and religion. In the United States women represent 60% of bachelor’s degrees earned at universities and outpace men in master’s and doctoral programs. However, a significant body of research illustrates that women’s upward mobility has been concentrated in middle management positions. Women hold 52% of all management and professional roles in the U.S. job market, including physicians and attorneys. Yet women fall behind in representation in senior level positions. In the legal profession, for example, women represent 45% of associates but only 22.7% are partners. In medicine, women represent 40% of all physicians and surgeons but only 16% are permanent medical school deans. In academia, women surpass men in doctorates but only 32% are full professors. Furthermore, only 5% of chief executive officers (CEOs) in Fortune 500 companies and 19% of the board members in companies included in Standard & Poor’s (S&P) Composite 1500 Index are women. Progress is even more elusive for women of color despite making up 38.3% of the female civilian labor force. Only two women of color are Fortune 500 CEOs and only 4.7% of women are executive or senior level official managers in S&P 1500 companies. There are more women in leadership positions in the public sector than in the private sector. In 2014, 43.5% of women between the ages of 23 and 34 were managers at public companies, compared to 26% in similar positions in the private sector. In 2018, 127 women were elected to the U.S. Congress and 47 of those serving in 2018 were women of color. In addition, the first Native American woman, first Muslim woman, and Congress’s youngest woman were elected in that year. However, there is still progress to be made to close the gap, especially in senior-level positions. The significance of these statistics is staggering and confirms the need for attention. The percentage of women holding leadership positions in the public and private sectors, especially in business and education, has grown steadily in the past decade. However, subtle barriers like bias and stereotypes unfavorably encumber women’s career progression and are often used to explain the lack of women in leadership positions.

scholarly journals Elegy Written in a Country Schoolhouse

2013 ◽  
Vol 3 (1) ◽  
pp. 41-49 ◽  
Author(s):  
Howard Hendrix
Keyword(s):  
United States ◽  
Private Sector ◽  
Sierra Nevada ◽  
The United States ◽  
Political Factors ◽  
Fresno County ◽  
The Public ◽  
School Year ◽  
Sierra Nevada Foothills ◽  
The Relationship

Article examines the economic, environmental, social, and political factors involved in the closing of Auberry Elementary School in the Sierra Nevada foothills of Fresno County after the 2010–2011 school year. The closing of the school serves as a window onto the shifting landscape of the relationship between the private sector and the public good not only in Auberry but throughout California and the United States.

Santa Anna and His Legacy

2015 ◽  
Author(s):  
Will Fowler
Keyword(s):  
United States ◽  
The United States ◽  
Mexican War ◽  
Early National Period ◽  
The Public ◽  
Early National ◽  
History Of ◽  
The Republic ◽  
The Alamo ◽  
The U.S

Antonio López de Santa Anna (b. Xalapa, February 21, 1794; d. Mexico City, June 21, 1876) was one of the most notorious military caudillos of 19th-century Mexico. He was involved in just about every major event of the early national period and served as president on six different occasions (1833–1835, 1839, 1841–1843, 1843–1844, 1846–1847, and 1853–1855). U.S. Minister Plenipotentiary Waddy Thompson during the 1840s would come to the conclusion that: “No history of his country for that period can be written without constant mention of his name.”1 For much of the 1820s to 1850s he proved immensely popular; the public celebrated him as “Liberator of Veracruz,” the “Founder of the Republic,” and the “Hero of Tampico” who repulsed a Spanish attempt to reconquer Mexico in 1829. Even though he lost his leg defending Veracruz from a French incursion in 1838, many still regarded him as the only general who would be able to save Mexico from the U.S. intervention of 1846–1848. However, Mexicans, eventually, would remember him more for his defeats than his victories. Having won the battle of the Alamo, he lost the battle of San Jacinto which resulted in Texas becoming independent from Mexico in 1836. Although he recovered from this setback, many subsequently blamed him for Mexico’s traumatic defeat in the U.S.-Mexican War, which ended with Mexico ceding half of its territory to the United States. His corruption paired with the fact that he aligned himself with competing factions at different junctures contributed to the accusation that he was an unprincipled opportunist. Moreover, because he authorized the sale of La Mesilla Valley to the United States (in present-day southern Arizona) in the 1853 Gadsden Purchase, he was labeled a vendepatrias (“fatherland-seller”). The repressive dictatorship he led donning the title of “His Serene Highness” in 1853–1855, also gave way to him being presented thereafter as a bloodthirsty tyrant, even though his previous terms in office were not dictatorial. Albeit feted as a national hero during much of his lifetime, historians have since depicted Santa Anna as a cynical turncoat, a ruthless dictator, and the traitor who lost the U.S.-Mexican War on purpose. However, recent scholarship has led to a significant revision of this interpretation. The aim of this article is to recast our understanding of Santa Anna and his legacy bearing in mind the latest findings. In the process it demonstrates how important it is to engage with the complexities of the multilayered regional and national contexts of the time in order to understand the politics of Independent Mexico.

Basic U. S. Sources For Current Research In International Law: An Elementary Vade-Mecum

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
Intergovernmental Organizations ◽  
Department Of State ◽  
The Public ◽  
The Government ◽  
The Many ◽  
The U.S

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State

scholarly journals Public Employment, Collective Bargaining and the Conventional Wisdom : Canada and U.S.A.

2005 ◽  
Vol 21 (3) ◽  
pp. 406-435
Author(s):  
W. B. Cunningham
Keyword(s):  
United States ◽  
Collective Bargaining ◽  
Private Sector ◽  
Public Service ◽  
Industrial Relations ◽  
The United States ◽  
Conventional Wisdom ◽  
Public Employment ◽  
The Public ◽  
State Of Affairs

The author states that the conventional wisdom has viewed collective bargaining in the public service as unnecessary, impractical and illegal. And he adds that, in general, and until recently, the prevailing practices in the United States and Canada have been in close harmony with the conventional wisdom. But the restless change of events threatens the existing state of affairs, described by the conventional wisdom, with progressive obsolescence. And the author answers the two following questions: Can the industrial relations system of the private sector be applied to public employment? To what extent does the nature of government employment raise unique problems? The enemy of the conventional wisdom is not ideas but the march of events. J.K. GALBRAITH, « The Affluent Society »

scholarly journals Contraction and Expansion: The Divergence of Private Sector and Public Sector Unionism in the United States

1988 ◽  
Vol 2 (2) ◽  
pp. 63-88 ◽  
Author(s):  
Richard B Freeman
Keyword(s):  
United States ◽  
Public Sector ◽  
Private Sector ◽  
Developed Countries ◽  
The United States ◽  
Public And Private ◽  
The Public ◽  
Union Status ◽  
Contraction And Expansion ◽  
Public Sector Unionism

The institutional structure of the American labor market changed remarkably from the 1950s and 1960s to the 1980s. What explains the decline in union representation of private wage and salary workers? Why have unions expanded in the public sector while contracting in the private sector? Is the economy-wide fall in density a phenomenon common to developed capitalist economies, or is it unique to the United States? To what extent should economists alter their views about what unions do to the economy in light of the fact that they increasingly do it in the public sector? To answer these questions I examine a wide variety of evidence on the union status of public and private workers. I contrast trends in unionization in the United States with trends in other developed countries, particularly Canada, and use these contrasts and the divergence between unions in the public and private sectors of the United States to evaluate proposed explanations.

Another Freedom Summer

2014 ◽  
Vol 44 (1) ◽  
pp. 29-41 ◽  
Author(s):  
Robin D.G. Kelley
Keyword(s):  
United States ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Paradigm Shift ◽  
Turning Point ◽  
The United States ◽  
The Public ◽  
Freedom Summer ◽  
State Of Israel ◽  
The U.S

During the summer of 2014, the U.S. government once again offered the State of Israel unwavering support for its aggression against the Palestinian people. Among the U.S. public, however, there was growing disenchantment with Israel. The information explosion on social media has provided the public globally with much greater access to the Palestinian narrative unfiltered by the Israeli lens. In the United States, this has translated into a growing political split on the question of Palestine between a more diverse and engaged younger population and an older generation reared on the long-standing tropes of Israel's discourse. Drawing analogies between this paradigm shift and the turning point in the civil rights movement enshrined in Mississippi's 1964 Freedom Summer, author and scholar Robin Kelley goes on to ask whether the outrage of the summer of 2014 can be galvanized to transform official U.S. policy.

Citizens’, Scientists’, and Policy Advisors’ Beliefs about Global Warming

2015 ◽  
Vol 658 (1) ◽  
pp. 271-295 ◽  
Author(s):  
Toby Bolsen ◽  
James N. Druckman ◽  
Fay Lomax Cook
Keyword(s):  
United States ◽  
Global Warming ◽  
The United States ◽  
The Public ◽  
Energy Technologies ◽  
Ideological Polarization ◽  
The U.S ◽  
Analyze Data

Numerous factors shape citizens’ beliefs about global warming, but there is very little research that compares the views of the public with key actors in the policymaking process. We analyze data from simultaneous and parallel surveys of (1) the U.S. public, (2) scientists who actively publish research on energy technologies in the United States, and (3) congressional policy advisors and find that beliefs about global warming vary markedly among them. Scientists and policy advisors are more likely than the public to express a belief in the existence and anthropogenic nature of global warming. We also find ideological polarization about global warming in all three groups, although scientists are less polarized than the public and policy advisors over whether global warming is actually occurring. Alarmingly, there is evidence that the ideological divide about global warming gets significantly larger according to respondents’ knowledge about politics, energy, and science.

scholarly journals Elonis v. United States: The Doctrine of True Threats: Protecting Our Ever-Shrinking First Amendment Rights in the New Era of Communication

2015 ◽  
Vol 15 (2) ◽  
pp. 197-223
Author(s):  
Mary Margaret Roark
Keyword(s):  
United States ◽  
Supreme Court ◽  
First Amendment ◽  
Free Speech ◽  
Freedom Of Speech ◽  
The United States ◽  
New Era ◽  
The Public ◽  
Definition Of ◽  
The U.S

The First Amendment protects one of our most precious rights as citizens of the United States—the freedom of speech. Such protection has withstood the test of time, even safeguarding speech that much of the population would find distasteful. There is one form of speech which cannot be protected: the true threat. However, the definition of what constitutes a "true threat" has expanded since its inception. In the new era of communication—where most users post first and edit later—the First Amendment protection we once possessed has been eroded as more and more speech is considered proscribable as a "true threat." In order to adequately protect both the public at large and our individual right to free speech, courts should analyze a speaker’s subjective intent before labeling speech a "true threat." Though many courts have adopted an objective, reasonable listener test, the U.S. Supreme Court now has the opportunity, in deciding Elonis v. United States, to take a monumental step in protecting the First Amendment right to free speech. By holding that the speaker’s subjective intent to threaten is necessary for a true threat conviction, the Court will restore the broad protection afforded by the First Amendment and repair years of erosion caused by an objective approach.

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