The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But…
Abstract
The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.
Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.
The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.
Details
Keywords
Stephen Hardy, Brian Norman and Sarah Sceery
The purpose of this paper is to review and explore topics that might constitute a history of branding in sport and might also contribute to understanding today's sport branding…
Abstract
Purpose
The purpose of this paper is to review and explore topics that might constitute a history of branding in sport and might also contribute to understanding today's sport branding practices.
Design/methodology/approach
The paper employs both secondary and primary sources on a range of sports across centuries of time and space. The paper also employs Mayer's principles of multi‐media learning.
Findings
The paper finds that sport brands have a long history driven by entrepreneurs and organizations through rule‐making, equipment, distinct names, and employment of new technologies.
Originality/value
The paper identifies a series of topics that merit closer scrutiny by historians whose research might inform contemporary scholars and practitioners of sport marketing.
Details
Keywords
THE Reference Department of Paisley Central Library today occupies the room which was the original Public Library built in 1870 and opened to the public in April 1871. Since that…
Abstract
THE Reference Department of Paisley Central Library today occupies the room which was the original Public Library built in 1870 and opened to the public in April 1871. Since that date two extensions to the building have taken place. The first, in 1882, provided a separate room for both Reference and Lending libraries; the second, opened in 1938, provided a new Children's Department. Together with the original cost of the building, these extensions were entirely financed by Sir Peter Coats, James Coats of Auchendrane and Daniel Coats respectively. The people of Paisley indeed owe much to this one family, whose generosity was great. They not only provided the capital required but continued to donate many useful and often extremely valuable works of reference over the many years that followed. In 1975 Paisley Library was incorporated in the new Renfrew District library service.
Megatrends are historical nexuses which gather and focus both obvious and subtle sub‐trends as a contribution to the history of future ideas. A substantive candidate of the…
Abstract
Megatrends are historical nexuses which gather and focus both obvious and subtle sub‐trends as a contribution to the history of future ideas. A substantive candidate of the twenty‐first century is “convergence”. That pursuit of “the unity of all knowledge” involves the integration, synthesis and confluence of different and often opposing intellectual concepts; and of seminal research developments and academic disciplines. Three major components and sets of authors are identified and examined: the technology of theology; the increasing interconnectedness of social, political and economic forces; and the interfacing of scientific, humanistic and spiritual domains.
Details
Keywords
Tom Schultheiss, Lorraine Hartline, Jean Mandeberg, Pam Petrich and Sue Stern
The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the…
Abstract
The following classified, annotated list of titles is intended to provide reference librarians with a current checklist of new reference books, and is designed to supplement the RSR review column, “Recent Reference Books,” by Frances Neel Cheney. “Reference Books in Print” includes all additional books received prior to the inclusion deadline established for this issue. Appearance in this column does not preclude a later review in RSR. Publishers are urged to send a copy of all new reference books directly to RSR as soon as published, for immediate listing in “Reference Books in Print.” Reference books with imprints older than two years will not be included (with the exception of current reprints or older books newly acquired for distribution by another publisher). The column shall also occasionally include library science or other library related publications of other than a reference character.
David P. Stowell and Evan Meagher
Gary Parr, deputy chairman of Lazard Freres & Co. and Kellogg class of 1980, could not believe his ears. “You can't mean that,” he said, reacting to the lowered bid given by Doug…
Abstract
Gary Parr, deputy chairman of Lazard Freres & Co. and Kellogg class of 1980, could not believe his ears. “You can't mean that,” he said, reacting to the lowered bid given by Doug Braunstein, JP Morgan head of investment banking, for Parr's client, legendary investment bank Bear Stearns. Less than eighteen months after trading at an all-time high of $172.61 a share, Bear now had little choice but to accept Morgan's humiliating $2-per-share, Federal Reserve-sanctioned bailout offer. “I'll have to get back to you.” Hanging up the phone, Parr leaned back and gave an exhausted sigh. Rumors had swirled around Bear ever since two of its hedge funds imploded as a result of the subprime housing crisis, but time and again, the scrappy Bear appeared to have weathered the storm. Parr's efforts to find a capital infusion for the bank had resulted in lengthy discussions and marathon due diligence sessions, but one after another, potential investors had backed away, scared off in part by Bear's sizable mortgage holdings at a time when every bank on Wall Street was reducing its positions and taking massive write-downs in the asset class. In the past week, those rumors had reached a fever pitch, with financial analysts openly questioning Bear's ability to continue operations and its clients running for the exits. Now Sunday afternoon, it had already been a long weekend, and it would almost certainly be a long night, as the Fed-backed bailout of Bear would require onerous negotiations before Monday's market open. By morning, the eighty-five-year-old investment bank, which had survived the Great Depression, the savings and loan crisis, and the dot-com implosion, would cease to exist as an independent firm. Pausing briefly before calling CEO Alan Schwartz and the rest of Bear's board, Parr allowed himself a moment of reflection. How had it all happened?
An analysis of the fall of Bear Stearns facilitates an understanding of the difficulties affecting the entire investment banking industry: high leverage, overreliance on short-term financing, excessive risk taking on proprietary trading and asset management desks, and myopic senior management all contributed to the massive losses and loss of confidence. The impact on the global economy was of epic proportions.
Details

Keywords
The United States and European countries have for a long time affirmed non-pecuniary loss as a proper title of damages. On both sides of the Atlantic in the preceding decades, we…
Abstract
The United States and European countries have for a long time affirmed non-pecuniary loss as a proper title of damages. On both sides of the Atlantic in the preceding decades, we have witnessed an escalation in the monetary amounts awarded for the non-pecuniary component of damages in cases of personal injury.1 As a result of this escalation, the countries referred to have embarked on a shrill debate in trying to decipher a definition of their concrete notions of non-pecuniary damages2 and on their awarding methods.3
Ian Harwood and Angela Hassiotis
Over 1,250 people with intellectual disabilities die unnecessarily every year in NHS care. The purpose of this paper is to develop higher-order learning amongst medical students…
Abstract
Purpose
Over 1,250 people with intellectual disabilities die unnecessarily every year in NHS care. The purpose of this paper is to develop higher-order learning amongst medical students to increase engagement with this disadvantaged group and redress this injustice in care provision.
Design/methodology/approach
The Psychiatry of Intellectual Disability input to University College London's (UCL) undergraduate medicine MBBS curriculum was re-designed. Materials were developed to broaden the students’ understanding of the stigma and health implication of intellectual disability and the affect it has on the care received by these patients. These were delivered in lecture and e-learning formats. The concept of psychological capital was used to frame the development of new materials with direct involvement of service users with intellectual disability. It is a management model designed to promote higher levels of learning, resulting in a deeper understanding of patient issues by UCL medical graduates.
Findings
Findings from the online survey that accompanies the e-learning materials suggests that students have overwhelmingly adopted a positive outlook towards patients with intellectual disability and consider training necessary for all doctors. The filmed scenarios with people with intellectual disability appealed to students.
Practical implications
The broadening of the educational materials required a re-design of the methods of curriculum delivery, a higher level of self-directed learning and student time commitment. Further assessments of the impact of the module are planned to include formative assessments of learning.
Social implications
Medical lack of knowledge, personal attitudes and a reluctance to engage with people with intellectual disability have been identified as barriers to their receiving appropriate care.
Originality/value
A blend of organisational change theories has been integrated into the production of a new, multi-media, e-learning package.