675 research outputs found
āLabour Law is a Subset of Employment Lawā Revisited
This article revisits the arguments in Brian Langilleās seminal law review article, āLabour Law is a Subset of Employment Law.ā Langilleās article was based upon two main claims: (a) that (individual) employment law should be understood as the āsetā and (collective) labour law the āsubsetā of employment law (the primacy of employment law); (b) that āpublic valuesā have priority over āprivate valuesā in the regulation of work (the primacy of public values). These two claims were presented as mutually reinforcing in āSubset.ā Drawing on specific examples from UK and Canadian law, this article endorses the first claim but rejects the second. Public and private values intersect in a multiplicity of ways. It is too reductive to accord primacy to the āpublicāor the āprivate.ā Employment law has always been a hybrid discipline shaped by public and private law.
Dans le preĢsent article, nous reprenons les arguments avanceĢs dans le fameux article de Brian Langille, Ā« Labour Law is a Subset of Employment Law .Ā» Cet article preĢsentait deux arguments principaux : a) que le droit de lāemploi (individuel) doit eĢtre compris comme Ā« lāensemble Ā» et le droit du travail (collectif) comme le Ā« sous-ensemble Ā» du droit de lāemploi (la primauteĢ eĢtant accordeĢe au droit de lāemploi); b) que les Ā« valeurs publiques Ā» ont la prioriteĢ sur les Ā« valeurs priveĢes Ā» dans la reĢglementation du travail (la primauteĢ eĢtant accordeĢe aux valeurs publiques). Ces deux revendications ont eĢteĢ preĢsenteĢes comme se renforcĢ§ant mutuellement dans le Ā« sous-ensemble .Ā» En sāappuyant sur des exemples speĢcifiques du droit britannique et canadien, nous appuyons dans le preĢsent article le premier argument mais rejetons le second. Les valeurs publiques et priveĢes se croisent de multiples facĢ§ons. Il est trop reĢducteur dāaccorder la primauteĢ au Ā« public Ā» ou au Ā« priveĢ .Ā» Le droit de lāemploi travail a toujours eĢteĢ une discipline hybride facĢ§onneĢe par le droit public et le droit priveĢ
Common Law and Statute in the Law of Employment
Remarkably, the interaction between common law and statute has not attracted the scholarly attention it deserves, given that it is such a basic component of legal reasoning in common law systems. This is especially true in the law of employment, where the interaction between common law and statute is a pervasive feature of modern employment law. In recent years, scholars have started to rise to the challenge of developing principles to regulate this interaction, and this article provides a contribution to those debates. It builds upon Lord Hoffmannās controversial judgment in Johnson v Unisys to identify three modes of interaction: statute as pre-emptive of common law development; statute as an analogical stimulus of common law development; and common law fundamental rights. By connecting this analysis to background principles of legislative supremacy and fundamental rights, it argues that Johnson v Unisys provides an attractive constitutional vision of the relationship between Parliament and the courts
Segregation in a male-dominated industry: women working in the computer games industry
This paper focuses on occupational segregation within the games industry in
terms of gender role identity and differences between female game workers in
relation to their attitudes towards womenās career barriers and their own career
progression and promotion. Women are both underrepresented in the games
industry workforce as a whole and in certain roles within the industry. Women in
the industry tend to be concentrated in more traditionally āfeminineā roles such
as marketing and administration. Women are underrepresented in core creation
and development roles, such as coders, designers and artists; roles that tend to
require technical skill and knowledge. Using data extracted from a large study of
female game workers, this study adds to the scarcity of research into the area of
women working in the computer games industry. It would appear that
occupational segregation still persists in this relatively new, male dominated
industry. Findings suggest gender role identity and attitudes are important
issues when looking at segregation within the industry. Implications for future
research on the games industry are discussed
Reliable gains? Evidence for substantially underpowered designs in studies of working memory training transfer to fluid intelligence
In recent years, cognitive scientists and commercial interests (e.g., Fit Brains, Lumosity) have focused research attention and financial resources on cognitive tasks, especially working memory tasks, to explore and exploit possible transfer effects to general cognitive abilities, such as fluid intelligence. The increased research attention has produced mixed findings, as well as contention about the disposition of the evidence base. To address this contention, J. Au and colleagues (2014; doi:10.3758/s13423-014-0699-x) recently conducted a meta-analysis of extant controlled experimental studies of n-back task training transfer effects on measures of fluid intelligence in healthy adults; the results of which showed a small training transfer effect. Using several approaches, the current review evaluated and re-analyzed the meta-analytic data for the presence of two different forms of small-study effects: 1) publication bias in the presence of low power and; 2) low power in the absence of publication bias. The results of these approaches showed no evidence of selection bias in the working memory training literature, but did show evidence of small-study effects related to low power in the absence of publication bias. While the effect size estimate identified by Au and colleagues provided the most precise estimate to date, it should be interpreted in the context of a uniformly low-powered base of evidence. The present work concludes with a brief set of considerations for assessing the adequacy of a body of research findings for the application of meta-analytic techniques
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