alternative compensation
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Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary from author Thomas Webb.


2021 ◽  
Vol 13 (3) ◽  
pp. 1049
Author(s):  
Eungoo Kang ◽  
Hyoyoung Lee

By building on compensation literature, the current study explored and identified the ties between workers’ competencies, corporate cultures, and compensation schemes. These schemes were typically the subject of literature on the factors dealing with the implementation of incentive systems for pay for performance (PFP) or problems that can lead to a PFP system’s failure. Unfortunately, when it comes to research that HR education practitioners may do, the literature has been scarce. It shows which organizational elements might be necessary to examine when deciding whether a PFP or an alternative compensation program is acceptable. This study aimed to add insight into this gap in research. The findings of this study showed from the use of data from 385 American employees in the manufacturing industry that there are significant relationships statistically between employee competencies and organizational cultures and those findings can be corroborated with existing researches, suggesting compensation schemes were related to multiple types of competence organizations and different organization cultures, thus adding meaningfully to the current literature.


Author(s):  
Elena I. Kaminskaya ◽  

Article focuses on special remedies under copyright law as applicable either by Russian courts as by American courts. Special attention is drawn to such problems as ratio to refer to the said remedies, fundamental basis along with formal conditions of protection as well as grounds for liability. Statutory damages under American law are compared to its domestic companion relief as liquidated damages are and, on the other hand, to so-called alternative compensation, loan remedy applicable under Russian law taken in its historical motion. Comparative study allows clear up the legal nature of the latter remedy and thus manifest legislative deficiencies to be met and, as the case may be, specify practical problems Russian courts are confronted to when applying it. Trends resulting therefrom are particularly debated.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Secretary of State could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. It raises questions as regards the limits of the prerogative power, and the separation of powers in the United Kingdom’s constitution. The document also includes supporting commentary from author Thomas Webb.


This paper seeks to assess the suitability of “Takaful Diat” taking over the definition of „aqilah (the group of people who share the blood-money liability of any one among them), and subsequently, becoming the feasible alternative in dealing with the complicated issue of road accidents compensation in Malaysia. The paper opted for a qualitative study where the authors discussed the concept of Diat (blood-money) and Takaful (Islamic insurance) from the opinions of the Muslim scholars from the various schools of thoughts. Based on the current situation, it can be argued that takaful insurance companies are more than capable of being the „aqilah so much so that the paper is convinced that they are the ones who capable of shouldering the responsibility. As such, the government needs to study a mechanism that could make such a contribution compulsory for every individual. Through Takaful Diat, the victims‟ welfare will be safeguarded. Takaful Diat provides protection through a specially designed insurance scheme that pays a victim with a specific amount of compensation which is determined by Syarak.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513, House of Lords. In this case, the House of Lords considered whether the Home Secretary could use the prerogative power to set up an alternative compensation scheme to that laid down in statute. The document also includes supporting commentary from author Thomas Webb.


Author(s):  
Mike Stocz ◽  
Nicholas Schlereth ◽  
Dax Crum ◽  
Alonzo Maestas ◽  
John Barnes

The Ed O’Bannon (O’Bannon v. National Collegiate Athletic Association, 2015) case has brought student athlete compensation to the national spotlight. While the NCAA continues to defend its policy of amateurism, the time for college athlete compensation may soon become a reality. College athlete compensation models have previously included a revenue sharing model similar to that of professional sports leagues. While this model was worthwhile, it only took into account basketball and football. The current paper will argue for a market-economy based compensation model. This model takes into account the revenues generated by each university team, while also accounting for a player and team’s performance. Justifications for this model will be explored, as this model will allows for various options for athlete compensation. This paper will conclude with an example of the model’s utility through using publically accessible data for a major Division-1 college program.


Author(s):  
Vera Bermingham ◽  
Carol Brennan

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Tort law is designed to address the consequences of loss. This is accomplished mainly through compensation and deterrence. A third aim of tort law is corrective justice. This chapter discusses the compensation aim of tort law, focusing on personal injury caused by accidents. It examines whether this aim has been successfully accomplished and considers the relative merits of other forms of compensation. After providing a historical overview of the tort system of compensation, the chapter looks at the function of tort as a form of compensation for loss and places tort in the context of other forms of compensation. It also analyses insurance, no-fault liability, and alternative compensation schemes before ending with a discussion of current debates concerning possible high levels of personal injury litigation.


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