Towards a General Theory of the Religion Clauses: The Case of Church Labor Relations and the Right to Church Autonomy

1981 ◽  
Vol 81 (7) ◽  
pp. 1373 ◽  
Author(s):  
Douglas Laycock
1995 ◽  
Vol 21 (2-3) ◽  
pp. 281-300
Author(s):  
Jody Weisberg Menon

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.


2020 ◽  
Vol 24 (1) ◽  
pp. 151-156
Author(s):  
T. Pisоchenkо ◽  
◽  
S. Agafonova ◽  

Annotation. Introduction. The author investigates in his article the main drawbacks of the Ukrainian legislative base that may cause difficulties for employers and employees during the COVID-19 pandemic. While reading this article you will find several solutions on how to limit salary expenses of you company or firm, lead in remote or part-time working schedule on the enterprise and grant employees unpaid leave. The article also deals with the procedure of the paper work that should be done while processing sick leaves of the people who suffered from the COVID-19 disease or contacted with the COVID-19 patients. Purpоse. The purpose of this article is to identify the shortcomings of labor legislation during quarantine and restrictive measures related to the spread of coronavirus disease (COVID-19). Consider and analyze new approaches in building labor relations between employees and employers in the face of rising unemployment and the introduction of telework. Results. The pandemic covered 210 countries and territories. Studies have shown that tens of millions of people have lost their jobs. According to various social survey centers, every third company surveyed optimized the payroll, sent employees to remote work with a reduction in wages, reduced staff and transferred some workers to contracts. Today it is possible to exercise the right to receive partial unemployment benefits for insured workers who have lost part of their wages due to forced downtime or reduction of working hours due to quarantine. Cоnclusiоns. Today, much responsibility lies with the subjects of labor relations, much depends on the employees and employers, on their responsibility and charity. State aid to those categories that were more vulnerable during the crisis remains important. Financial assistance can take the form of grants and grace periods on outstanding loans – in order to support and overcome the profitability crisis. Keywоrds: labor relations; pandemic; wages; COVID-19.


2020 ◽  
pp. 91-102
Author(s):  
LUIS MARTÍN BRAVO SENMACHE

Con base en la teoría general del proceso, la investigación determina que en el Procedimiento de Investigación y Sanción del Hostigamiento Sexual (PISHS)es identificable la estructura del contradictorio, por lo que su naturaleza es la de un proceso. Sin embargo, la revisión del tratamiento normativo que el PISHS ha dedicado al derecho a la prueba de la parte acusada pone en evidencia que, en la estructura de dicho proceso, el contradictorio no ha sido implementado más que parcialmente, dado que su dimensión sustancial (específicamente, el poder de influencia) no ha sido cabalmente asegurada a favor del presunto/a hostigador/a. Dos escenarios se erigen como posible solución al problema: uno a través de la vía de hecho (preferencia del principio del debido proceso) y otro mediante la reforma legislativa del art. 17.2 del reglamento. Based on the general theory of the process, the investigation determines that in the Investigation and Sanction Procedure for Sexual Harassment (PISHS) the structure of the contradictory is identifiable, so its nature is that of a process. However, the review of the normative treatment that the PISHS has dedicated to the right to proof of the accused party shows that, in the structure of said process, the contradictory has only been partially implemented, given that its substantial dimension (specifically, the power of influence) has not been fully secured in favor of the alleged harasser. Two scenariosare erected as a possible solution to the problem: one through the facto route (preference for the principle of due process of law) and the other through the legislative reform of the art. 17.2 of the reglament.


1984 ◽  
Vol 26 (4) ◽  
pp. 587-613 ◽  
Author(s):  
Thomas C. Smith

From its beginning Japanese industry was marked by a scattering of large and heavily capitalized enterprises which, as their size and number increased between 1890 and 1920, became the scene of labor unrest. In historical accounts of this early period of labor relations, workers are strangely shadowy figures, considering their centrality. They come into focus mainly at moments of crisis when they are seen to be overcoming their past, increasing their consciousness both of rights and of the need for organization and class solidarity. This developing consciousness issued at last in a sudden growth of unions between 1918 and the mid-1920s.Even before this time, however, because of fear of unions and government intervention and the need to reduce the amount of labor turnover, management had begun efforts to bring workers under greater psychological control. These efforts were now intensified, and the measures adopted—welfare services, greater security of employment, semiannual bonuses, separation pay, regular raises, factory committees—aided by a stagnant economy and unemployment throughout the 1920s, were spectacularly successful. By the early 1930s the unions were everywhere in retreat from large enterprises. The victory over worker consciousness seemed won and in fact held until 1945, when, in the aftermath of national defeat, the struggle was renewed.


2021 ◽  
pp. 795-801
Author(s):  
I.R. Mamatkazin

A peculiarity of pension relations is that the right to a pension should actually arise before the appointment of a pension, that is, before the emergence of a pension legal relationship. Insurance pensions are fully covered by this provision. This indicates not only the connection between pension and labor relations, but also that qualitative and quantitative indicators of labor should be reflected in the employee's pension rights.


1997 ◽  
Vol 09 (05) ◽  
pp. 609-633 ◽  
Author(s):  
Hagen Neidhardt ◽  
Valentin Zagrebnov

Let the pair of self-adjoint operators {A≥0,W≤0} be such that: (a) there is a dense domain [Formula: see text] such that [Formula: see text] is semibounded from below (stability domain), (b) the symmetric operator [Formula: see text] is not essentially self-adjoint (singularity of the perturbation), (c) the Friedrichs extension [Formula: see text] of [Formula: see text] is maximal with respect to W, i.e., [Formula: see text]. [Formula: see text]. Let [Formula: see text] be a regularizing sequence of bounded operators which tends in the strong resolvent sense to W. The abstract problem of the right Hamiltonian is: (i) to give conditions such that the limit H of self-adjoint regularized Hamiltonians [Formula: see text] exists and is unique for any self-adjoint extension [Formula: see text] of [Formula: see text], (ii) to describe the limit H. We show that under the conditions (a)–(c) there is a regularizing sequence [Formula: see text] such that [Formula: see text] tends in the strong resolvent sense to unique (right Hamiltonian) [Formula: see text], otherwise the limit is not unique.


2016 ◽  
Vol 9 (7) ◽  
pp. 214
Author(s):  
Min Song

In 2015, the central government issued a document on building the harmonious labor relations, which emphasized the right to rest of workers and rectified the current severe imbalance of labor relations. This document released a signal to guarantee the sustainable development of the labor force for the future. These measures, such as relative departments perfecting the legislation and law enforcement, the trade union performing their duties actively, employing units and workers raising their awareness and enhancing mutual understanding and branches of the government cooperating, can realize the right to rest of workers to the greatest extent possible.


1987 ◽  
Vol 29 (1) ◽  
pp. 21-40 ◽  
Author(s):  
Mario Petrich ◽  
Stuart Rankin

Transitive group representations have their analogue for inverse semigroups as discovered by Schein [7]. The right cosets in the group case find their counterpart in the right ω-cosets and the symmetric inverse semigroup plays the role of the symmetric group. The general theory developed by Schein admits a special case discovered independently by Ponizovskiǐ [4] and Reilly [5]. For a discussion of this topic, see [1, §7.3] and [2, Chapter IV].


Author(s):  
Alexandra Borimecicova

The article considers the peculiarities of foreign citizens stay on the Russian Federation territory. The rights and freedoms of foreigners guaranteed by the Constitution of the Russian Federation and other laws are reviewed and examined. The article provides a comparative legal analysis of the status and rights of both the Russian Federation citizen and a foreign citizen residing in the territory of this state. Common and distinctive features of these two categories are specified. The matters of employment of foreign citizens and restrictions on the rights to participate in labor relations, which is due to the fact that non-citizens have the right to work only if they have a work permit, are also considered. In its turn, the component of migration policy is revealed, that is, the problem of expulsion and deportation of a foreign citizen from the Russian Federation is touched upon. Administrative expulsion and deportation of foreign citizens from the Russian Federation is a form of state activity that regulates relations with foreign citizens and is aimed to protect the State border.


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