bluuebunny/crossref_metadata_2025_split huggingface dataset:
Principled Labor Law
Authors: Gamonal C. Sergio , Rosado Marzán César F. 
Published: May 2019

Abstract
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.
Introduction
Authors: Sergio Gamonal C. , Rosado Marzán César F. 
Published: May 2019

Abstract
This chapter introduces the book’s main goal: to provide a “principled labor law” method to decide hard cases. It describes principled labor law as a Latin American method embedded in the principles of protection, primacy of reality, nonwaiver, and continuity. It argues that principled labor law can be useful even in the least likely case of labor protection, the United States, and explains how, if useful for the United States, it is likely helpful for other jurisdictions. It describes how principled labor law complements perspectives favoring freedom of association—the so-called labor constitution—but opposes views attempting to eviscerate the idea of protecting weaker parties from contemporary law, or those that envision labor law as merely a regulatory endeavor. It also describes how principled labor law shares similarities with the purposive perspective of Guy Davidov, but also contrasts with that perspective, to the extent principled labor law is mostly concerned, and is, in fact, “rulified” in favor of labor protection. It explains that principled labor law seems particularly needed to evade problems of legal endogeneity. The chapter concludes by arguing that the book provides a countercultural narrative for labor law in the United States that is also consonant with international labor standards and, as such, better brings U.S. labor law into the mainstream. Principled labor law may be less countercultural in other countries, but may also help there to renew jurisdictional commitments in favor of labor protection.
Continuity
Authors: Sergio Gamonal C. , Rosado Marzán César F. 
Published: May 2019

Abstract
Chapter 5 describes the principle of continuity, also called the principle of “stability” or “permanence,” in Argentina, Brazil, Chile, and Uruguay. The principle presumes employment contracts of indefinite duration where employers must provide cause to terminate the contract. The chapter describes how continuity provides judges and other adjudicators with the authority to protect workers against unfair dismissal, reinforce employer obligations despite contract modification and successorship, and reform precarious contracts into standard contracts of employment. The chapter then describes the uneven and weaker presence of continuity in the United States due to employment at will. It argues that employment at will needs to be derogated by statute, likely state by state. But despite the need to derogate employment at will, the chapter also underscores that about 15 percent of the U.S. workforce, that one employed in the public sector and in the unionized private sector, is not covered by employment at will. Moreover, even under employment at will, many private sector employees are covered by antidiscrimination, antiretaliation, tort, and public policies that together concoct a law of wrongful dismissal. Hence, while weak and uneven, some form of employment stability does pervade in the United States.
Australia
Authors: Boutros Andrew 
Published: May 2019

Abstract
Australia’s anti-bribery and anti-corruption laws appear simple in expression but have proved illusive in securing successful prosecutions. The structure of the foreign bribery offense is complicated and requires numerous physical and mental elements to be established for each limb of the offense. Since 1999 when Australia enacted its foreign bribery laws, there have been several corporate and individual guilty pleas in foreign bribery cases but as yet no contested trials. The first case in 2011 arising out of the Securency banknote printing scandal has concluded with mixed results: several plea deals yet other prosecutions permanently stayed due to illegal conduct on the part of the investigative agencies. Other more recent cases have started but are early in the criminal justice system. The traditional approach of the Australian prosecutors is that once charges are laid, they expect a guilty plea to the offense charged or an agreed lesser offenses and then any discount is a matter for the sentencing court. Australia still lacks a structured approach to complex commercial crime including foreign bribery. While there are reforms pending before the Australian government on changes to the foreign bribery offense deferred prosecution agreements, a strict liability corporate offense of failing to prevent foreign bribery, and enhanced private sector whistle-blower laws, they are yet to be implemented. While resources at the Commonwealth level have improved over the years, they remain diffuse, underfunded, and under-resourced. Australian business is starting to adopt a more proactive response to manage offshore risk and the expected legislative reforms are pushing this along. Australian business increasingly knows it must address these issues in a global economy as its most significant trading partners are taking a similarly tough stand against bribery and corruption.
Brazil
Authors: Boutros Andrew 
Published: May 2019

Abstract
In recent years, Brazil has become a major player in anti-corruption investigations and enforcement worldwide. The adoption of the Clean Company Act in 2013 signified a new chapter in corporate liability, promoting compliance as well as providing new enforcement tools for prosecutors faced with issues both domestically and abroad. The Lava Jato, or Car Wash, investigation, which began in 2014 and has now gone through numerous phases, in the process implicating many companies, Brazilian and foreign, as well as pubic officials, is ongoing. As the result of Lava Jato, Brazil has vaulted into the forefront of international cooperation efforts in the anti-corruption field. This chapter explains these developments, and endeavors to also explain the details of the Brazilian legislation, which while spurred by the OECD Antibribery Convention, is distinct in its scope and approach, as well as the allocation of enforcement authority and responsibilities among different government agencies and the Brazilian authorities’ compliance expectations. The use of negotiated resolutions, including plea bargains, and collaboration agreements, has dramatically increased, but issues remain as to whether all enforcement authorities will give effect to these agreements.
Canada
Authors: Boutros Andrew 
Published: May 2019

Abstract
Like many OECD signatory countries, Canada has a checkered and inconsistent history of enforcement in relation to bribery and corruption offenses. In the past five years, however, Canada has taken deliberate and effective steps to strengthen its enforcement regime and was recently noted as one of the “most improved” nations in anti-bribery prosecutions by the OECD. In addition to a marked increase in prosecutions, these changes include the elimination of facilitation payments as a valid defense in 2017 and amendments to the governing legislation that allows Canadian authorities to prosecute nationals for crimes committed entirely abroad. The governing legislation in Canada relating to the bribing of foreign public officials is exclusively criminal in nature and has no statute of limitations. Both bribery and bookkeeping offenses are captured under the legislation. The combination of the lack of any time-based defenses, as well as the enhanced arsenal of the liberalization of the law of jurisdiction and the increased ambit of substantive offenses, point to a more robust enforcement regime for bribery and corruption offenses in Canada going forward.
China
Authors: Boutros Andrew 
Published: May 2019

Abstract
China’s anti-corruption legislation prohibits both official corruption and commercial bribery. China is a civil law country. It does not have a uniform national anti-corruption law yet, and the relevant anti-corruption legal provisions are mainly in the PRC Criminal Law and the PRC Anti-Unfair Competition Law. In addition to these two key legislations, there are also regulations and judicial interpretations issued by relevant government agencies and Supreme People’s Court to address implementation issues under the law. Since China’s president, Jinping Xi, came to power in 2012, China has launched an anti-corruption campaign. The 19th CCP Congress in 2017 continues to send strong signals to fight against corruption.
Cuba
Authors: Boutros Andrew 
Published: May 2019

Abstract
Cuba has long been saddled with a culture of corruption. A lengthy history of colonialism and a state-controlled economy have produced a country with a weak economy, product shortages, low wages, and an understanding that taking a little for oneself is not only acceptable but, in many cases, necessary to get by. Scarcity and rationing of resources have led to an environment where obtaining goods and services requires grease payments, workers steal items from their employers to sell on the black market, and employees are often absent so that they can earn extra money from side jobs. At the same time, poorly paid bureaucrats, business managers, and even high-level government officials supplement their income through illicit use of their positions. The centralization of power, strict government control of the media, and lax compliance oversight have led to a lack of transparency and accountability. While high-level corruption on a large scale is less common in Cuba than other parts of Latin America, lower-level corruption is widespread. Over the years, the ruling Castro regime has taken a number of approaches to curbing corruption that have led to laws and institutions aimed at eliminating corrupt conduct, fraud, waste, abuse, and cronyism. However, there is little protection for whistle-blowers in Cuba. Accordingly, a vital tool in the effort to detect and prevent bribery, the misuse of government funds, fraud, and other types of corruption is largely missing.
France
Authors: Boutros Andrew 
Published: May 2019

Abstract
Since the introduction of the offense of bribery of foreign public officials under French law in 2000, France has made undeniable progress in combating corruption. Numerous reforms have then been adopted (expansion of the scope of criminal prosecution, facilitation of the seizure and confiscation of assets in criminal matters, increasing of possible penalties, creation of the National Financial Prosecutor, . . .). French law criminalizes active and passive bribery, private and public bribery, domestic and foreign/international bribery as well as influence peddling. Nevertheless, the OECD was particularly critical of France over the last years. The French legislature recently took such criticism into account and strove to make further progress in preventing, detecting, and punishing corruption in order to reach the highest international standards. Law No. 2016-1691, known as “Sapin II law,” recently enhanced the French anti-bribery system by introducing a new duty for certain companies and their executives to prevent bribery and influence peddling by implementing a compliance program to prevent and detect such offenses. Sapin II law therefore testifies to France’s determination to effectively fight corruption.
Guatemala
Authors: Boutros Andrew 
Published: May 2019

Abstract
This chapter provides an overview of Guatemala’s expanding anti-corruption legislation, which criminalizes certain types of corruption involving both domestic and foreign public officials. The chapter focuses, in part, on the country’s Decree 31-2012, which introduced new criminal offenses related to the bribery of foreign officials, expanded the concept of criminal liability for corporate offenses, and increased penalties for certain acts of bribery. The chapter describes Guatemalan government agencies involved in the investigation and enforcement of corruption-related crimes, as well as their cooperation with international bodies. Most notable among the latter is the International Commission Against Impunity in Guatemala (“Comisión Internacional contra la Impunidad en Guatemala” or CICIG), a UN-sponsored independent organization charged with investigating and prosecuting certain serious crimes in Guatemala, such as those involving public officials. Recent developments covered include increased investigation and prosecution of public corruption at its highest levels, although the chapter notes some skepticism regarding the continued effectiveness of the country’s anti-corruption drive.
Mexico
Authors: Boutros Andrew 
Published: May 2019

Abstract
There have been significant changes to Mexican law recently that have provided prosecutors updated and enhanced tools to combat corruption. In May 2015, the Mexican Congress and the states approved a constitutional amendment that created the National Anti-Corruption System, which was put into full force and effect in 2017. This supplemented and broadened the already existing anti-corruption laws in Mexico’s public procurement process. Now individuals and legal entities can be criminally liable for bribery of public officials in Mexico. In November 2014, Mexico City passed modifications to the criminal code making bribery an offense that can be committed by both individuals and legal entities and created an innovative approach to calculating penalties against companies. However, even though laws have changed, much remains to be done. The OECD noted that Mexico has fully implemented very few of the recommendations that it has made to eradicate corruption. Mexico still had no prosecutions or convictions for foreign bribery. Corruption is still common in Mexico, with the widespread use of “gestores” or intermediaries to navigate the bureaucracies responsible for issuing licenses and permits, shell companies owned by family members of government officials seeking a bribe, fictitious service providers, and improper gifting and excessive hospitality to employees of state-owned entities. With the new Lopez Obrador Administration’s anti-corruption plan, further changes are anticipated in public procurement by the creation of a central mechanism to manage and monitor public contracts to achieve greater transparency. The new administration has also committed to creating an autonomous Special Prosecutor’s Office to independently investigate and prosecute corruption cases and to implement additional restrictions on entertainment and gifts provided to public officials.
Corporate Monitors and the Monitorship Process
Authors: Boutros Andrew 
Published: May 2019

Abstract
The prospect of a Foreign Corrupt Practices Act monitor is an unpleasant one for a company that just emerged from what likely was a long, expensive, and invasive investigation and wants to get back to business. A compliance monitor brings even more cost, effort, and scrutiny through evaluating the company’s anti-corruption compliance program, conducting interviews, performing testing, and making recommendations. Although rarely welcomed by companies, a well-executed monitorship can be a helpful endeavor that results in a stronger company. This chapter discusses the use of corporate compliance monitors as a condition to resolving corporate FCPA enforcement actions, common aspects of FCPA monitorships, and best practices for achieving a successful FCPA monitorship.
Deferred Prosecution Agreements, Nonprosecution Agreements, and Corporate Integrity Agreements
Authors: Boutros Andrew 
Published: May 2019

Abstract
Companies—especially publicly traded companies—do not want to go to trial in criminal cases. In fact, they do not want to be indicted at all. Indictment, let alone trial, can have serious consequences. With the dramatic increase in corporate criminal prosecutions over the last two decades, a fourth option has emerged in the corporate criminal arena: deferred prosecution agreements (DPAs) and nonprosecution agreements (NPAs), which are alternatives to the traditional “guilty” or “not guilty” approach that the law has generally taken to charged crimes. Collectively, these agreements are known as corporate pretrial diversion agreements. Whether the government elects to use one of these agreements depends on multiple factors.
Company Cooperation and U.S. Sentencing Guidelines
Authors: Boutros Andrew 
Published: May 2019

Abstract
The U.S. Sentencing Commission has changed how the U.S. Sentencing Guidelines calculate fines for certain defendant companies. The amendments, effective November 1, 2010, make more readily available a long-standing three-level offense-level reduction. This change shifts the inquiry away from (1) the (mis)conduct of the company’s high-level personnel and toward (2) the effectiveness of the company’s compliance and ethics program. This move will surely benefit corporate defendants. Therefore, it is something for which compliance professionals and in-house legal counsel need to both understand and prepare. As the benefits of incentivizing companies to adopt proactive compliance, ethics, and self-reporting programs gain wider recognition, other countries eager to beef up their anti-bribery efforts can be expected to follow suit.
Department of Justice’s New Revised FCPA Corporate Enforcement Policy
Authors: Boutros Andrew 
Published: May 2019

Abstract
On November 29, 2017, Deputy Attorney General (DAG) Rod Rosenstein announced a new and significant shift in the Department of Justice’s Enforcement Policy for the FCPA. The Policy is designed to provide more certainty to companies regarding the benefits of cooperating with federal enforcement officials investigating corrupt business activities abroad. It is critical for companies to understand this policy shift, which can be beneficial to proactive companies. This chapter discusses this policy shift (as well as the DAG’s subsequent clarification of the policy in his “Yates Memo” speech of November 29, 2018), including the definition of what constitutes voluntary disclosure, full cooperation, and remediation, all of which are required for a company to receive the benefits of the policy.
Lifeworlds of Islam
Authors: Bamyeh Mohammed A. 
Published: May 2019

Abstract
Islam is what Muslims do. From this premise, the book elaborates a sociology of Islam in three concise chapters. The book shows that Islam has operated typically not in the form of standard dogmas, but usually as a compass for practical orientations (“lifeworlds”). This more pragmatic character of the faith established it as a relevant factor in three arenas in which common social life acquires meaning: participatory ethics, public philosophies, and global networks. The book argues that all three are poorly understood in recent literature, which tends to focus on one specific problem or another, and then in isolation from global and historical contexts. The book argues that the larger preoccupations of ordinary Muslims—how to live in a global society; how to guide life in the manner of a total philosophy; and how to relate to the world of daily struggles—are unique neither to the present period nor to religious life. But the career of a particular religion—Islam in this case—offers a focused empirical lens through which we may learn something more about the nature of global citizenship; the philosophical needs of ordinary people; and the sorts of ethics that facilitate social participation.
Skull and Cast “Libraries”
Authors: Finger Stanley 
Published: May 2019

AbstractGall’s skull and cast collections served as his research “library.” He had a large one in Vienna, and he built a second one starting with some of his prized earlier pieces after settling in Paris in 1807, though he left a great number of pieces behind. Since the Renaissance, people had been collecting specimens from the natural world, amassing them in “cabinets of wonder” and even publishing catalogues of their pieces. In the Netherlands, Frederik Ruysch had not only collected a large number of fetuses and human body parts by the 1690s, but had incorporated some of them into artistic panoramas that even the laity craved to see. Gall fit into this collecting tradition with the skulls and casts he obtained from hospitals, asylums, and places of execution, and with those purchased, traded for, or gifted to him by friends and admirers. Nonetheless, there was also considerable grave robbing (resurrectionism) by overly zealous phrenologists in this era, worrying people and casting a dark shadow over his collecting endeavors. Parts of Gall’s Vienna collection can be seen in the Rollett Museum near Vienna, whereas his second collection and own skull are now in the Musée de l’Homme (Paris).
Settling in Paris
Authors: Finger Stanley 
Published: May 2019

AbstractGall and Spurzheim arrived in Paris during October 1807, while the Napoleonic Wars were still raging and where Napoleon Bonaparte was reshaping every aspect of society. Napoleon despised foreigners and considered Gall’s doctrine absurd. He urged Georges Cuvier, one of his appointed guardians of French science, to reject it. Nonetheless, Gall made inroads, giving public lectures and demonstrations on his organologie that were well received, while seeing patients to support himself. Encouraged by these ventures, he and Spurzheim wrote a Mémoire and submitted it to the Institut National in 1808. Cuvier, who headed the evaluating committee and was being guided by Napoleon, rejected it as unoriginal and unsuitable for the division for Sciences Mathématiques et Physiques, even though the subject matter was basic anatomy and not more controversial organologie. Gall was furious and sent letters expressing his disappointment to Cuvier, but to no avail. Consequently, he published a book covering the submission, the rejection, and his retorts. And rather than leaving France, he opted to continue his lecturing and medical practice in the city with many amenities, and he continued to work on a series of volumes he was already calling his “great work.”