Discrimination in Seniority Systems: A Case Study

ILR Review ◽  
1982 ◽  
Vol 36 (1) ◽  
pp. 40-55 ◽  
Author(s):  
Maryellen R. Kelley
Keyword(s):  
Supreme Court ◽  
White Women ◽  
White Men ◽  
Organizational Structures ◽  
Supreme Court Decision ◽  
Federal Courts ◽  
Court Decision ◽  
Black Workers ◽  
Formal Rules

According to the 1977 U.S. Supreme Court decision in Teamsters v. U.S., seniority systems that have disparate impacts on women and black workers as compared to white men are not necessarily illegal. This paper uses a case study to examine what constitutes illegally discriminatory treatment in a seniority system in light of the Teamsters decision and subsequent rulings by federal courts. The empirical findings strongly suggest that as of 1976, at least with respect to promotions, the seniority system in the plant studied illegally discriminated against white women and black workers. The author concludes that the methodology used in this case can be applied more generally to other establishments where formal rules and organizational structures are important in shaping promotion opportunities.

scholarly journals The Urgency of Trademark Registration for Business Actors (Case Study of Supreme Court Decision No 575 K / Pdt.Sus-HKI / 2020 Between Ruben Samuel Onsu vs PT Ayam Geprek Benny Sujono)

2020 ◽  
Vol 10 (2) ◽  
pp. 250-259
Author(s):  
Nurhani Fithriah
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Geographical Indications ◽  
Trademark Law ◽  
Business People ◽  
The Supreme Court ◽  
Trademark Registration

Brand registration is very important for business people. A brand is one of the distinguishing entities between the business activities of business actors. The problem occurs when business actors already have a trademark which is then well known in the community but in fact they have not registered the trademark, as experienced by Ruben Samuel Onsu with his Geprek chicken business. However, in its development, it turns out that there are other business actors using the same mark but have registered the mark. This research was conducted using a normative method through a statutory approach and concepts. This research examines the Supreme Court's decision rejecting the appeal from Ruben Samuel Onsu and analyzes the urgency and procedures for trademark registration. Based on the research results, trademark law in Indonesia is regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The terms and procedures for application for registration of a mark are regulated in Article 4 - Article 8 and further regulated in the Regulation of the Minister of Law and Human Rights No. registration of a mark and being recognized as the legal owner of the mark and rights to the mark are obtainedafter the mark is registered. Ruben Onsu's Bensu mark was declared invalid because Ruben Onsu was not the first party to register the mark, and the Supreme Court decided to cancel all trademark applications made by Ruben Onsu.

scholarly journals AXIOLOGY ARBITRATION VALUE RULING IN THE CASE SETTLEMENT TRADE (Case Study Decision Of Supreme Court Number : 199 K / Pdt.Sus / 2012)

2016 ◽  
Vol 1 (2) ◽  
pp. 228
Author(s):  
Safrin Salam
Keyword(s):  
Supreme Court ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Ad Hoc ◽  
Supreme Court Decision ◽  
Court Decision ◽  
Legal Certainty ◽  
Opportunity Loss ◽  
Legal Grounds

The existence of the Indonesian National Arbitration Board (BANI) in Indonesia that still exist to this day is one manifestation of diakomodasinya patterns of dispute resolution outside the court. Legal Considerations Application Reasons Cancellation Arbitral Article 70 of Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution in Supreme Court Decision No. 199 K / Pdt.Sus / 2012 Relation Ensure Legal Certainty In the disputing parties are legal considerations of the cancellation decision was not all acceptance or rejection of the cancellation request arbitration decision based on legal grounds contained in Article 70 of Law No. 30 of 1999. Act No. 30 of 1999 on the ADR needs to be improved, especially the explanation of article 60 and article 70 which could lead to legal uncertainty for justice seekers among businesses in the dispute and the opportunity loss of trust businesses to resolve the dispute out of court through arbitration institution (the Arbitration Tribunal Ad-Hoc, BANI, etc.)

Case study – trade dress and brand protection in Thailand’s copier paper business

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Pabhawan Suttiprasit ◽  
Winai Wongsurawat
Keyword(s):  
Political Economy ◽  
Supreme Court ◽  
Developing Economies ◽  
Supreme Court Decision ◽  
Court Decision ◽  
The Political ◽  
Content Type ◽  
Brand Protection ◽  
Trade Dress

Purpose The purpose of this paper is to describe and analyze an unusual legal development concerning brand protection in Thailand. The case study elucidates many key concepts in brand management and the political economy of Thailand. Design/methodology/approach A case study approach is adopted, in which a chronology of key events surrounding a supreme court decision are developed. An analysis of the causes and consequences of the verdict is presented drawing on inputs from legal and business experts. Findings The decision at the center of this case is ground breaking. Unlike conventional infringement decisions that are based on tangible designs of products, this case established protection of a brand image based on advertisements aired on television. It is argued that the decision went too far in the protection of trade dress and may potentially limit freedom and creativity for future marketing campaigns. Practical implications Intellectual property protection in developing economies such as in Thailand can be complicated by a lack of clear laws and the political and social influence of the parties involved. Originality/value The case provides the first analysis of a potentially consequential supreme court decision with links to the unique context of the political economy of Thailand.

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