Insolvency and employment protection: the mixed effects of the Acquired Rights Directive

The statutory protection provided by European Community law to employees during transfers of undertakings and other restructurings has been criticised on the grounds that it undermines insolvency procedures and interferes with the ‘rescue’ process. We present an analysis which suggests that granting employees rights of this kind may be an efficient means of recognising their firm-specific human capital. Case-study evidence is then presented to show that while in some situations employment rights may obstruct reorganisations, in others they allow employee interests to be factored into the bargaining process in such a way as to enhance the survival chances of enterprises undergoing restructuring. The law functions best when effective mechanisms of employee representation are in place and when the conditions under which employees’ acquired rights can be waived in the interests of preserving employment are clearly specified.     

Once a sex offender … always a sex offender: Myth or fact?

In the current focus upon prisons, prisoners, and correctional treatment, there also seems to be an increase in fear of sex offenders. “Once a sex offender, always a sex offender” has become a common belief. The following study, however, has concluded that this phrase is mistaken and misleading. The actual number of sex offenders who recidivate are few. This study, and many prior to this one, have concluded that upwards of 65% donot commit another sex offense. Most reoffenses are committed between 1 and 5 years after release, and the percentage of reoffenders declines rapidly after. A positive correlation was found between length of time spent in prison and recidivism rates. Further studies are suggested to follow up this interesting finding. Authors' Note: This paper was originally presented at the Society for Police and Criminal Psychology meeting in Austin Texas, October, 2001. The authors wish to thank Amy Phenix, Mary Moss, Roxanne Lieb, Elizabeth Drake, Lee Keene, Neal Christopherson, and Larry Greenfeld.     

“A Projected New Trusteeship”? American Internationalism, British Imperialism, and the Reconstruction of Iran, 1938-1947

Diplomatic histories identify an early cold war “paradigm shift” as restoring the troubled Anglo-American “special relationship.” However, an integrated analysis of Second World War and post-war Iran suggests continuity in ideologically based Anglo-American differences on the reconstruction of the postwar world economic periphery, and that this was the defining context for crucially elusive relations during successive crises to come. The Americans had embraced Iran as an exemplar of “new deal internationalism,” being as much opposed to competing British neo-imperialist political and economic models there as to Soviet encroachments. They continued to identify autonomous British policies and interests antipathetically during the early cold war period and beyond, not merely out of economic self-interest, but at crucial moments disavowing geopolitical realpolitik. This perplex also determined during future crises of British power, in Iran and throughout the Middle East, that US interests would shift to new relationships, whenever having to decide, with indigenous peripheral actors rather than neo-imperialist European allies, precluding institutionalized, comprehensive Anglo-American partnership, which Britain had hoped would preserve and extend its role as a regional power.     

The regular article tracking developments at the national level in key European countries in the area of IT and communications – co-ordinated by Herbert Smith LLP and contributed to by firms across Europe

This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to compliment the journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.