Randi W. v. Muroc Joint Unified School District 1997: implications for employer liability in employment references

The California Supreme Court in the case entitled Randi W. v. Muroc Joint Unified School District 1997 ruled that employers may be liable for negligently and intentionally misrepresenting an employee's suitability in their employment references. The case concerned a 13‐year‐old girl student who was allegedly molested by a school vice‐principal, Robert Gadams, in his office. Gadams had been the subject of charges of sexual impropriety involving female students in his three previous teaching posts. The plaintiff sued Gadams, and a range of defendants who had written references recommending him for employment. The Court found that the defendants could be held liable for fraud and misrepresentation because the facts allegedly known about Gadams were not disclosed in the references. The article examines the consequences of the ruling for the provision of employment references. In particular, it examines the ‘no comment’ option, whereby employers only confirm basic employment details about employees.     

Direct Democracy,Educative Effects,and the (Mis)Measurement of Ballot Measure Awareness

Political Behavior - A century ago, Progressive reformers in the U.S. introduced the institutional innovations of direct democracy, claiming these reforms would cultivate better citizens. Two...     

The impact of plurilateral trade agreements on developing countries – to participate or not to participate?

In the wake of the impasse in the Doha Development Round of multilateral trade talks, sector-specific plurilateral trade agreements (PTAs) have been gaining traction. However, PTAs mostly appeal to developed countries, with the uptake among developing countries (including least-developed countries) being very limited. This article investigates the factors contributing to such a phenomenon, whether there is indeed merit in developing countries playing a more active role in PTAs and how they might be encouraged to do so. Both qualitative and quantitative analyses were conducted with specific attention being given to the effects, on a selection of developing countries, of participation in four PTAs: the Trade in Services Agreement, the Government Procurement Agreement, the Environmental Goods Agreement and the Information Technology Agreement II. Among the findings was that although, according to the qualitative analysis, policymakers are generally disinterested in the four PTAs because they are not aligned to the countries’ economic interests or they threaten policy space, the quantitative analysis revealed that gains could often be made from more active participation in these agreements. This clearly points to a research gap and highlights the need for more in-depth analysis of the potential of PTAs in the developing world.     

Exploring the Patent Explosion

This paper looks more closely at the sources of patent growth in the United States since 1984. It confirms that the increase is largely due to U.S. patenters, with an earlier surge in Asia, and some increase in Europe. Growth has taken place in all technologies, but not in all industries, being concentrated in the electrical, electronics, computing, and scientific instruments industries. It then examines whether these patents are valued by the market. We know from survey evidence that patents in these industries are not usually considered important for appropriability, but are sometimes considered necessary to secure financing for entering the industry. I compare the market value of patents held by entrant firms to those held by incumbents (controlling for R&D). Using data on publicly traded firms 1980--1989, I find that in industries based on electrical and mechanical technologies the market value of entrants' patents is positive in the post-1984 period (after the patenting surge), but not before, when patents were relatively unimportant in these industries. Also, the value of patent rights in complex product industries (where each product relies on many patents held by a number of other firms) is much higher for entrants than incumbents in the post-1984 period. For discrete product industries (where each product relies on only a few patents, and where the importance of patents for appropriability has traditionally been higher), there is no difference between incumbents and entrants.     

The implementation of the EU Transparency Obligations Directive--a country-by-country analysis

Dr Axel Gehringer Hengeler Mueller Stefano Cuccia Head of Market Supervision, TLX, Milan David Byers McCann FitzGerald, Solicitors, Dublin Henri Wagner and Anne-Marie Thomas Allen & Overy, Luxembourg Petra Zijp and Matthieu van Straaten NautaDutilh NV, Amsterdam José Manuel Cuenca and Yolanda Azanza Clifford Chance Daniel Bushner and Jonathan Parry Ashurst, London The first 150 words of the full text of this article appear below.