Truck Drivers

2021 ◽  
pp. 311-445
Author(s):  
Scott L. Cummings

This chapter examines the monumental campaign to raise labor and environmental standards in the trucking industry at the Los Angeles and Long Beach ports. Building on the blue-green coalition launched in the CBA and big-box contexts—and incorporating central lessons from a decade of community–labor organizing in Los Angeles—the Campaign for Clean Trucks emerged as a fight over air quality but ultimately advanced as a local policy struggle over working conditions for roughly sixteen thousand short-haul port truck drivers. For these drivers, the central problem was their misclassification as independent contractors. Misclassification forced drivers to bear all the costs of operation—contributing to poorly maintained dirty diesel trucks causing air pollution—while depriving them of the right to organize unions to improve labor conditions. Restoring drivers to the status of employees was the mutual goal bringing together the labor and environmental movements in this campaign. It rested on a novel legal foundation: The ports, as publicly owned and operated entities, had the power to define the terms of entry for trucking companies through contracts called concession agreements. The campaign—led by LAANE, the Teamsters union, and NRDC—leveraged this contracting power to win passage of the landmark 2008 Clean Truck Program, which committed trucking companies seeking to enter the Los Angeles port to a double conversion: of dirty to clean fuel trucks (thus reducing pollution) and of independent contractor to employee drivers (thus enabling unionization). However, the program’s labor centerpiece—employee conversion—was invalidated by an industry preemption lawsuit that went all the way to the United States Supreme Court. As a result, the policy gains from a blue-green campaign built on mutual interest were split apart and reallocated, resulting in environmental victory but labor setback. Why the coalition won the local policy battle but lost in court—and how the labor movement responded to this legal setback through an innovative strategy to maneuver around preemption—are the central questions this chapter explores.

Author(s):  
Yaroslav Skoromnyy ◽  

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».


Author(s):  
Mark Hill QC

This chapter focuses on the clergy of the Church of England. It first explains the process of selection and training for deacons and priests, along with their ordination, functions, and duties. It then considers the status and responsibilities of incumbents, patronage, and presentation of a cleric to a benefice, and suspension of presentation. It also examines the institution, collation, and induction of a presentee as well as unbeneficed clergy such as assistant curates and priests-in-charge of parishes, the authority of priests to officiate under the Extra-Parochial Ministry Measure, the right of priests to hold office under Common Tenure, and the role of visitations in maintaining the discipline of the Church. The chapter concludes with a discussion of clergy retirement and removal, employment status of clergy, vacation of benefices, group and team ministries, and other church appointments including rural or area deans, archdeacons, diocesan bishops, suffragan bishops, and archbishops.


2004 ◽  
Vol 37 (2-3) ◽  
pp. 299-345 ◽  
Author(s):  
Yoram Rabin ◽  
Yuval Shany

AbstractThis article addresses the constitutional discourse surrounding the status of economic and social rights in Israel. It examines the principal interpretive strategies adopted by the Supreme Court with regard to the 1992 basic laws (in particular, with respect to the right to human dignity) and criticizes the Court's reluctance to apply analogous strategies to incorporate economic and social rights into Israeli constitutional law. Potential explanations for this biased approach are also critically discussed. The ensuing outcome is a constitutional imbalance in Israeli law, which perpetuates the unjustified view that economic and social rights are inherently inferior to their civil and political counterparts, and puts in question Israel's compliance with its obligations under the International Covenant of Economic, Social and Cultural Rights. At the same time, encouraging recent Supreme Court decisions, particularly the YATED and Marciano judgments, indicate growing acceptance on the part of the Court of the role of economic and social rights in Israeli constitutional law, and raise hopes for a belated judicial change of heart concerning the need to protect at least a ‘hard core’ of economic and social rights. Still, the article posits that the possibilities of promoting the constitutional status of economic and social rights through case-to-case litigation are limited and calls for the renewal of the legislation procedures of draft Basic Law: Social Rights in the Knesset.


2021 ◽  
Author(s):  
Yamini Aiyar ◽  
Vincy Davis ◽  
Gokulnath Govindan ◽  
Taanya Kapoor

The study was not designed to undertake an evaluation of the success or failure of reform. Nor was it specifically about the desirability or defects of the policy reform choices. It took these reform choices and the policy context as a given. It is important to note that the Delhi reforms had its share of criticisms (Kumar, 2016; Rampal, 2016). However, our goal was not to comment on whether these were the “right” reforms or have their appropriateness measured in terms of their technical capability. This study sought to understand the pathways through which policy formulations, designed and promoted by committed leaders (the sound and functional head of the flailing state), transmit their ideas and how these are understood, resisted, and adopted on the ground. In essence, this is a study that sought to illuminate the multifaceted challenges of introducing change and transition in low-capacity settings. Its focus was on documenting the process of implementing reforms and the dynamics of resistance, distortion, and acceptance of reform efforts on the ground. The provocative claim that this report makes is that the success and failure, and eventual institutionalisation, of reforms depend fundamentally on how the frontline of the system understands, interprets, and adapts to reform efforts. This, we shall argue, holds the key to upending the status quo of “pilot” burial grounds that characterise many education reform efforts in India. Reforms are never implemented in a vacuum. They inevitably intersect with the belief systems, cultures, values, and norms that shape the education ecosystem. The dynamics of this interaction, the frictions it creates, and reformers’ ability to negotiate these frictions are what ultimately shape outcomes. In the ultimate analysis, we argue that reforming deeply entrenched education systems (and, more broadly, public service delivery systems) is not merely a matter of political will and technical solutions (although both are critical). It is about identifying the points of reform friction in the ecosystem and experimenting with different ways of negotiating these. The narrative presented here does not have any clear answers for what needs to be done right. Instead, it seeks to make visible the intricacies and potential levers of change that tend to be ignored in the rush to “evaluate” reforms and declare success and failure. Moving beyond success to understand the dynamics of change and resistance is the primary contribution of this study.


1989 ◽  
Vol 59 (4) ◽  
pp. 444-454 ◽  
Author(s):  
Eric Rofes

Eric Rofes, gay community activist and author, explores the issues surrounding the schools'failure to meet the educational needs of gay and lesbian youth. He argues that there has been an across-the-board denial of the existence of gay and lesbian youth, and that this has taken place because "their voices have been silenced and because adults have not effectively taken up their cause." Rofes goes on to present some promising initiatives that are designed to change the status quo: Project 10 in Los Angeles and the Harvey Milk School in New York City. He concludes by proposing needed changes in U. S. schools if they are to become truly accessible to gay and lesbian youth.


Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.


Author(s):  
N.P. Turova

Researchers associate the medieval archeological artifacts of the Middle Trans-Urals, whose pottery bears cord impressions, with the Chiyalik, Molchanvo and Yudina Cultures. Despite the large number of artifacts that have been studied, many questions remain open. These include the status, chronology, and interaction of the Molchanovo and Yudina antiquities, as well as the evolution and specifics of their pottery complexes. Publication and analysis of the ceramic collections from Vak-Kur, the largest burial ground of the Yudina Culture, contribute to addressing some problems related to «the Corded Ware cultures». The Vak-Kur burial ground is dated to the 10th–11th centuries based on the assemblage of the associated goods. It is located in the south-eastern part of the Yudina Culture areal, on the right shore of the Tobol River. For all the time of excavations in the area of the ne-cropolis, 220 burials have been studied. The dead were buried in shallow pits according to the ritual of inhuma-tion, on their backs. A specific feature of the funeral ritual is breaking of a part of the accompanying equipment and use of funerary masks. Decorative and morphological features of 143 Yudina vessels have been examined. The tableware has been categorized according to four topographic groups after excavations 3 to 6. It has been noted that, despite the similar shapes of pots, and ornamental proportions and patterns, the pottery from excava-tions 3 to 6 demonstrates a different frequency in use of such elements in the décor as the cord and figured stamps. The biggest differences were detected between the ceramic artifacts found in excavations 4 and 6. It was suggested that the differences in décor between pottery from different excavations are determined not by their asynchronous nature, but by the existence of several tribal sites in the area of the Yudina necropolis. The com-parison of ceramic collections from the Vak-Kur burial ground with those from the medieval burial and settlement sites of the Yudina Culture showed that the pottery from the necropolis is most closely related to collections from the Plamya Sibiri 6 and 7, and Antonovo 1 settlements located in the Tura River basin. These sites were dated by their investigator to the earlier period (6th to 9th centuries) and attributed to the Molchanovo Culture. Based on the significant similarity between the pottery of the named sites and the dishware of the 10th to 11th centuries from excavation 4 of the Vak-Kur burial ground, a revision of the chronology and cultural attribution of these sites has been proposed.


2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights


2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.


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