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Reliability is now widely recognized across various industries, including manufacturing. This study investigates a system composed of five components, one of which is a bridge network. The components are assumed to follow the generalized unit half logistic geometric distribution (GUHLGD) with equal failure rates over time. The following three improvement methods are considered: reduction, cold duplication, and hot duplication. The reliability function and mean time to failure (MTTF) are employers liability equivalence factors (REFs). Additionally, the λ fractiles of both the original and enhanced systems are obtained. Numerical results illustrate the effectiveness of these techniques, with cold duplication shown to be the most effective, offering higher reliability and MTTF compared to hot duplication. The enhanced system outperforms the original system overall. [ABSTRACT FROM AUTHOR]

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The text is a report on the ECCL Symposium on CSDD, Sustainability, and Corporate Law held at Ghent University Law School on May 31, 2024. The symposium featured presentations from professors on topics such as the legal development of sustainability, the Corporate Sustainability Due Diligence Directive (CSDDD), private enforcement of human rights due diligence, and climate litigation against companies. The report discusses the limitations of courts in enforcing climate regulations and emphasizes the role of legislators in enacting specific climate laws. It also highlights the significance of a recent conference on sustainability issues and provides contact information for further inquiries. [Extracted from the article]

Copyright of Zeitschrift für Abgaben-, Finanz- und Steuerrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article focuses on analyzing whether NIL collectives are joint employers of college athletes by comparing NIL policies and deal data to various joint employment theories. Topics include the comparison of traditional and recent joint employment approaches under the Fair Labor Standards Act and National Labor Relations Board rules, the examination of different NIL deal models, and the empirical findings on the relationship between schools and their NIL collectives.

The article discusses the application of the legal doctrine in tort law, respondeat superior, as the at-home and remote work options become popular in the U.S. Topics discussed include employers' liability for wrongful acts committed by their employees occurring within the scope of their employment, the link between respondeat superior and workers' compensation in relation to defining the scope of employment, and the view that courts should uphold strict liability in respondeat superior cases.

The study aimed to determine the legal framework provided by Federal Decree No. (33) of 2021 regarding the regulation of employment relationships for working women. This includes identifying the rights and guarantees granted by the law to ensure that women can exercise their work on an equal footing with men. The study also investigated whether these legal rights and guarantees provided by the decree encompass the rights and guarantees outlined in international agreements. The study employed a descriptive methodology, manifested in the review of international agreements, local legislations, jurisprudential opinions, and judicial views on the topic of women's rights in the workplace. The analysis, description, and approach of these texts and opinions were undertaken. Additionally, the study utilized a historical methodology, secondarily, to examine the origin and evolution of women's rights in the workplace throughout modern ages. Furthermore, a comparative methodology was employed, involving a horizontal comparison between the UAE legislations represented by Federal Decree No. (33) of 2021 regarding the regulation of employment relationships for working women and its executive regulations, and international agreements concerning the legal framework for regulating women's work. The study reached several significant conclusions, including that the UAE legislator has considered financial compensation and contractual responsibility but has not taken into account tortious or executive liability as a penalty for the employer's failure to fulfill obligations stipulated in the employment contract. Therefore, in the event of the termination of a female worker during pregnancy, after childbirth, or while caring for her newborn, such termination is deemed arbitrary. The employer is then obligated to provide financial compensation exclusively, as determined by the judiciary. In this regard, the UAE legislator did not adopt the provision of International Labour Organization Convention No. 183 concerning the revision of the Maternity Protection Convention (Revised 2000). Specifically, Article 8, Paragraph 2, which imposes the burden of proving the termination of the female worker during pregnancy or afterward on the employer. The employer must demonstrate that the termination of the employment contract is not related to the worker's pregnancy, childbirth, or care for her newborn. This stance has been affirmed by the judiciary in the United Arab Emirates and has become a settled matter. Finally, the study concluded with several recommendations, with the most prominent being the suggestion to amend Article (30) of Federal Decree No. (33) of 2021 and incorporate Paragraph (2) of Article 2 of International Labour Organization Convention No. 183 concerning the revision of the Maternity Protection Convention (Revised 2000). This paragraph places the burden of proving the termination of a female worker during pregnancy or afterward on the employer. Given the unique situation of pregnant women, the study also recommends adding a legislative guarantee in the form of specific enforcement involving the reinstatement of the worker if it is proven that the termination was arbitrary by the employer. This would play a crucial role in safeguarding maternity rights. [ABSTRACT FROM AUTHOR]

This article explores the concept of corporate liability in EU law, focusing on competition law and data protection law. The authors argue against the existence of a general legal principle that holds the entire economic unit liable, emphasizing that under EU law, only the individual legal entity is responsible for violations. The article examines the basis for generalizing legal principles in EU law and highlights the different approaches to corporate liability in primary and secondary law. It concludes that liability and obligations are attached to specific legal entities rather than entire economic units. The text also discusses the principle of separation in corporate law in various European countries and in public international law, emphasizing that shareholders are generally not personally liable for a company's obligations. The article further argues that the principles of corporate liability in competition law cannot be applied to other areas of law, and that the specific legal entity should be the subject of primary obligations, liability, and fines in data protection law and other areas. Overall, the article emphasizes that there is no general legal principle of corporate liability based on the economic unit in EU law. [Extracted from the article]

Micro-, small- and medium-sized enterprises (MSMEs) are the backbone of modern economies. MSMEs struggle to make the most of existing insolvency and restructuring tools, because their owners and directors often lack the knowledge, expertise and funding to navigate the legal tools available to companies in financial distress. This article analyses recommendations stemming from reputable international organisations, as well as the academic debate in the area, to identify whether there is general consensus in favour of an efficient and MSME-friendly insolvency framework being implemented at the national level. The purpose of this research is to assess whether the states considered in this study (Italy, Germany and the United Kingdom) should introduce MSME-specific rules, or alternatively amend existing rules, to comply with these recommendations. [ABSTRACT FROM AUTHOR]

Much has been written about the liabilities of mind wandering in the workplace. Given its prevalence, however, mind wandering may carry underappreciated benefits--especially with respect to creativity. Examining this possibility, we hypothesize that mind wandering involving imaginative thoughts, also known as "daydreams," has the potential to spur creativity. We develop a theoretical model in which we examine two facets of daydreams based on their content: problem-oriented daydreams and bizarre daydreams. In addition, we specify an antecedent condition that produces such day dreams (cognitively demanding work; Studies 1 & 2) as well as a boundary condition of the effects of daydreaming on creativity (professional identification; Study 2). Taken together, the studies reported here largely support our theoretical model. Cognitively demanding work reliably elicits both facets of daydreams. However, only problem-oriented daydreams relate to creativity directly; the relationship between bizarre daydreams and creativity is entirely dependent on professional identification. In addition, we observe negative relationships between both facets of daydreams and performance more generally when employees lack professional identification(Study 2). Our results indicate that among professionally identified individuals, daydreaming carries noteworthy benefits for creativity but can also impair performance in the absence of identification. [ABSTRACT FROM AUTHOR]

This document is an introduction to a special issue of the Journal of Portfolio Management on novel risks and sources of volatility in portfolio management. The articles in this issue cover a range of topics, including compound tail risk, the impact of language complexity on volatility, stress testing in a world of compound risks and polycrises, the analysis of unfolding financial crises, industry winners and losers in a lower-carbon economy, the risk of sudden price adjustments for climate risk, goals-based liability indices for impact and green investing, the influence of news sources and language models on climate beta estimates, the impact of scope 3 carbon emissions on firms' cost of debt, and managing compound risks in a polycrisis world. The articles provide insights into these topics and offer valuable information for long-term portfolio managers, investors, and regulators. [Extracted from the article]

This article examines the issue of "take-home" COVID-19 claims, where employees who contracted the virus at work transmit it to their family members at home. It explores the impact of COVID-19 business liability shield laws on these claims and whether workers' compensation laws prevent such claims. The article also discusses whether employers have a duty of care towards employees' family members and explores exceptions to this duty. It references case law on take-home asbestos claims to provide insight into the viability of take-home COVID-19 claims. The courts have generally been hesitant to impose a duty of care on employers, considering factors such as foreseeability, the connection between the employer's actions and the harm, moral blame, and the burden on employers and society. They have also taken into account public policy concerns and the potential for an influx of litigation. Ultimately, the courts have determined that the burden on employers and the broader societal consequences outweigh the compensatory and cost-internalization aspects of negligence liability. [Extracted from the article]

According to the general rule of liability, a person is responsible for their own acts or acts committed under their instruction. Therefore, liability arising from the act of another person has exceptions and is contrary to the general rule. Another form of liability arising from the act of another person is known in common law as "vicarious liability," which is interpreted as proxy liability. In the civil liability sources of common law, the discussion of employer's liability for the actions of their employees has been addressed under the same title. This article, using a descriptive-analytical method, examines the latest theories on the foundations and conditions of this liability in Iran's and England's laws. According to Article 12 of the Iranian Civil Liability Law, employer's liability is based on the theory of fault and its specificity lies only in the fact that it arises from the act of another person. In contrast, in English law, this liability is considered distinctive from two perspectives: firstly, it is contrary to the principle of personal liability, and secondly, it falls within the framework of the theory of strict liability and is solely based on the element of harm. [ABSTRACT FROM AUTHOR]

This article addresses the intersection of three important topics: sexual assault, police misconduct, and employer liability for employee torts. As to the last of these, while there have long been debates among jurists in the U.S. concerning the proper scope of respondeat superior liability, courts have mostly adhered to an approach that focuses on whether the employee acted for the purpose of serving the employer's interests. The narrowness of this purpose-based test, as compared to available alternatives, makes it imperative for lawyers, judges, and scholars to be attentive to other, less well-known, bases for employer liability. In Sherman v Department of Public Safety, the Delaware Supreme Court applied a particular version of one such doctrine – the "aided-by-agency" doctrine – to hold a police department accountable for its officer's sexual assault of an arrestee. By articulating this doctrine in a thoughtful and circumscribed manner, the Court affirmed its reputation as a leader in the development of agency law, while also providing a helpful framework that can be applied to hold certain employers liable when employees take advantage of their employment-based authority over their victims to perpetrate assaults. [ABSTRACT FROM AUTHOR]

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The article analyzes the regulation and application of the Duty of Care and the Business Judgment Rule in American Law and the standard of the Good Businessman in Uruguayan Law. It also discusses the applicability of American Law criteria in Uruguayan Law and proposes a "two-step test" at the judicial level for the review of corporate directors' liability. The article also studies the divergences between the regime of judicial review and the behavior of corporate directors. [Extracted from the article]

Purpose: Issues related to the non-competition clause are the subject of numerous publications. The stimulus for creating this article was the coming into force on 26 April 2023 of the amendment to the Labour Code, aimed at implementing into the Polish legal order two European directives: Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on work–life balance for parents and carers and repealing Council Directive 2010/18/EU, known as the Work–Life Balance Directive; and Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union. The Act brought a range of changes to the Labour Code, among others, with respect to the non-competition clause. The new regulations will undoubtedly be challenging for employers and bring the non-competition clause in the labour law once more to the forefront of discussion. Design/methodology/approach: The deliberations are based on the related subject literature and an analysis of the legal provisions applicable in the area under discussion. Findings: As a result of the implementation of Directive 2019/1152 to the Labour Code, Art. 261, under which an employer cannot prohibit an employee from having a concurrent employment relationship with another employer or a concurrent legal relationship that is a basis for providing work other than the employment relationship, nor can they subject an employee to unfavourable treatment because of this. This provision strengthens the freedom of employees in terms of accepting employment. Since the legislator did not introduce transitional measures regarding the application of said provision, it should be assumed that the ban on prohibiting of additional employment is applicable to employment relationships initiated after the changes came into force as well as those relationships initiated before 26 April 2023. If an agreement with a new employee is concluded after the date of this amendment, the employer will be obligated to conclude such an agreement in a different form to other agreements. Violation of Art. 261 of the Labour Code by the employer results in employer’s liability. If the employee is not bound by the employer to a non-competition agreement, provision of work by the employee for another employer does not have any negative consequences, and the employer cannot terminate the employment agreement for this reason. Practical implications: Entrepreneurs will need to implement far-reaching organisational changes in adjusting their businesses to the new legal requirements, and hence it is increasingly important that employers are knowledgeable about the non-competition clause. Originality/value: This article raises the issue of the non-competition clause, which is important from the prospective not only of the employee but also from that of the entrepreneur employer. [ABSTRACT FROM AUTHOR]

Purpose: This study aims to critically review new developments in the law of tort dealing with employee references. Design/methodology/approach: The author analysed various sources including statutes, articles and case law to determine current position. This paper will consider new developments in the law of tort dealing with employee references. The real issue for an employee arises when an employer or their manager provides them or their prospective new employer with an employment reference about them that is untrue or misleading. The impact on the employee might be that they lose a job opportunity and/or suffer damage to their reputation. In these circumstances, the subject of the reference currently has legal redress under the law of tort under both common and statute laws. This paper will concentrate on analysing the legal redress available under the law of tort and critically review this legal process in light of recent legal decisions and other legal developments. There have been various statutory developments in the area of tort which could apply here that they have resulted in the scope for a legal action being considerably limited. These have been highlighted. Also, recent cases have presented obstacles to future claims being brought in certain circumstances and these have been analysed. Findings: The outcome of this is that pursuing a claim under the law of tort more has been made more difficult for the employees affected and accordingly is less likely to be successful. This is clearly a serious issue that deserves recognition and possibly changes in the law. A conclusion which this article supports. Originality/value: To the best of the author's knowledge, little has been written on this topic to date, so this paper will fill a serious void. [ABSTRACT FROM AUTHOR]

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How can tort law contribute to a better understanding of the risk-based approach in the European Union's (EU) Artificial Intelligence Act proposal and evolving liability regime? In a new legal area of intense development, it is pivotal to make the best use possible of existing regulation and legal knowledge. The main objective of this article is thus to investigate the relationship between traditional tort law principles, with a focus on risk assessments, and the developing legislation on artificial intelligence (AI) in the EU. The article offers a critical analysis and evaluation from a tort law perspective of the risk-based approach in the proposed AI Act and the European Parliament resolution on a civil liability regime for AI, with comparisons also to the proposal for a revised and AI-adapted product liability directive and the recently proposed directive on civil liability for AI. The discussion leads to the illumination of both challenges and possibilities in the interplay between AI, tort law and the concept of risk, displaying the large potential of tort law as a tool for handling rising AI issues. [ABSTRACT FROM AUTHOR]

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The article discusses the legal issues about sexual harassment and sexual assault injury in the workplace and how plaintiffs can recover damages outside of workers' compensation. Other topics include the statutory systems of workers' compensation, the exclusivity of workplace injury claims, and some laws by U.S. states like the Michigan Workers' Disability Compensation Act and Pennsylvania's Workers' Compensation Act.

This study examines the role of increased short selling threats in firms' directors and officers liability insurance (D&O insurance) purchase decision against the backdrop of the Chinese deregulation of short sale. Using a difference-in-differences (DiD) research design, we demonstrate a positive effect of short selling threats on firms' likelihood of purchasing D&O insurance policies after controlling for the known determinants of D&O insurance. We then perform tests to validate the DiD analysis result, including a test of the parallel trend assumption and placebo tests. To shed light on the mechanism through which the effect of short selling takes place, we perform a path analysis. The results reveal that firms' litigation risk explains the effect of short selling pressure on D&O insurance purchase decision. Further cross-sectional analyses show that the positive effect of short selling threats on D&O insurance is ameliorated when firms have strong internal control or have great analyst coverage. [ABSTRACT FROM AUTHOR]

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The article examines the U.S. Supreme Court's decision in the maritime case Dutra Group v. Batterton and its implications for the availability of punitive damages under the Federal Employer's Liability Act and the Jones Act. It describes the facts of the case which involved deckhand Christopher Batterton who sued Dutra after an accident at work that left him permanently disabled. It discusses the Court's ruling that punitive damages are categorically unavailable in an unseaworthiness case.

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In the acute phase of the COVID-19 pandemic, Korea was considered a successful case of containment of infection. However, the employment protection response has not been as successful as the health response. Although the Korean Government has taken unprecedented fiscal measures, the hardest-hit groups including workers in non-standard employment are still least protected. The pandemic has found countries with widespread precarious employment at their most vulnerable. Since the 1997 Asian financial crisis, the Government has promoted the deregulation of capital and the flexibilization of labour, with precarious work becoming 'normal'. COVID-19 shows that workers excluded from labour protection before the crisis are the most vulnerable in the current crisis. Dependent contractors are not protected from termination of contract or loss of income, while employees in a comparable situation may be supported by job retention schemes and unemployment benefits. This means employers using dependent contractors can avoid employer liability in a normal situation as well as in times of crisis. While the Government attempts to expand unemployment insurance to certain groups of dependent contractors, debates over who should bear the financial burden are underway. Employers refuse to contribute to unemployment insurance for dependent contractors, arguing that they are not the employers of these workers. This article analyses how flexibilization in Korea has affected vulnerability and the segmentation of labour protection. It argues that the 'protection gap' among workers resulted from political choices and the strategy of capital to transfer cost-and-risks onto workers and society as a whole. These pre-pandemic political choices undermine the chances of a fair recovery. This article argues that establishing employer responsibility is essential for a humancentred recovery. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Social Security / SGD-Sosyal Güvenlik Dergisi is the property of Journal of Social Security / SGD-Sosyal Güvenlik Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Against the background of the interpenetration of the forms of legal liability for the same illicit deed, whether it is criminal, administrative, contraventional or disciplinary liability, in conjunction with the case law of the European courts attributing criminal character to some accusations beyond the legal qualification of the deed in the domestic law, a double criminal liability may be reached, thus posing the problem of the cumulation of these liabilities in terms of respecting the right not to be punished twice (ne bis in idem). Although no matter can be an exception, the issue arises mainly in areas where there are various forms of liability in the domestic law and different authorities with supervisory and sanctioning powers, such as tax evasion, public order, forestry or environmental offences or, finally, labour protection, which is of interest here. Thus, in the field of safety and health at work, the employer's liability in the event of accidents at work may be exemplary for such situations, given that he is liable for both a criminal liability incurred by the judicial bodies and a contraventional liability established by the special bodies of the labour inspection, following that our approach will address this issue in the context of the current case law of the European courts of law (such as Case A and B v. Norway, Grand Chamber of the E.C.H.R., or the C.J.E.U. cases, Luca Menci, Garlsson Real Estate SA and Enzo Di Puma, Consob). [ABSTRACT FROM AUTHOR]

The interplay between contract and state corporate law in shaping corporate governance is not a novelty. In this article author questions the impact of private ordering through the shareholders' agreement (further in text: SA) on corporate governance and possibly on the director's duties and liabilities. The author argues that the SA might have far-reaching consequences for all the stakeholders and third persons as there are only a few limitations to its content, mainly referring to the mandatory rules of corporate law and general limitations of contract law. It means shareholders can impose additional rules for governance to directors, for transfer of shares, employment policy, and others. The author shall question whether SA can modify the articles of association. This article aims to reassess the balance between corporate and contract law instruments for the companies' governance. The author argues that analyzing corporate governance without considering contractual tools, such as SA, becomes incomplete and seriously undermines rethinking fundamental principles of corporate governance, such as the issue of directors' liability. [ABSTRACT FROM AUTHOR]

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