The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment: Conundrum Resolved?

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Société Générale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.     

‘God Wanted Diversity’: Alawite Pluralist Ideals and their Integration into Syrian Society 1832–1973

The Alawites are often linked to the interests and fate of the al-Asad regime in Syria, yet a much broader context needs to be analysed to gain any meaningful impression of this community's politics. This article suggests that pluralism and diversity lie at the core of Alawite political preferences and what's more, according to Alawite perspectives, this is what God intended. Between 1832 and 1973 Alawites made gradual progress towards genuine integration into Syrian society, however, the confluence of two factors marked a turning point in this process: the mobilisation of Alawite ‘asabiyya by the al-Asad regime and a renewed perception of Sunni Muslim intolerance. Thereafter a different trajectory was set towards the current crisis in Syria. The final analysis suggests that the longstanding political aspirations of Alawites are not dissimilar to those demanded in anti- regime protests that began in Syria in early 2011.     

Electoral Violence in Africa Revisited

This article addresses the still unsettled question of the incidence of violent election periods in Africa. It uses two new datasets, which report episodes of social conflict in the region for 1990–2011, and elections worldwide from 1960 to 2010. When combined, these data suggest that onsets of electoral violence peak around major election days in Africa as a whole, but with wide national variability in the volume of new episodes. Depending on the time span and type of social conflict, from one-quarter to three-quarters of the elections for national leadership have been without incident. The article also investigates the timing of electoral violence and the extent to which there is an experience curve effect, whereby subsequent elections have fewer onsets of social conflict. The data indicate that two-thirds to three-quarters of elections are free of onsets of social conflict, but that the proportion does not change much with experience. Overall, there appear to be reasonable grounds for optimism about peaceful elections in many African countries.     

Editors' Note

Examining the relationship between regime type and defense effort provides evidence for reformulating theories of democratic peace. Consistent with liberal theories, regime type has substantively and statistically significant effects. In times of peace, democracies bear lower defense burdens than other states and keep proportionately fewer soldiers under arms. During times of war, however, democracies try harder and exert greater defense effort than non-democracies. Contrary to the results of some recent studies, all other things being equal, the arsenal of democracy appears to out-gun its opponents when it counts. Examining three components of democracy separately indicates that a largely overlooked factor, political competition, tends to drive these outcomes. Executive constraints are also associated with increased defense effort during war. But there is little evidence that wide participation or large winning coalitions have the predicted effects on defense effort. The results point to the flexible quality of defense effort in democracies, which is theoretically and empirically accounted for by the competitive political environment rather than institutional factors favored by existing theories.     

Are civil servants really public servants? a study of bureaucratic attitudes in the U.S., brazil,and korea

The proper role of civil servants in the development of public policy has been the subject of continuous commentary and debate. In the advanced industrial democracies the operation of increasingly complex programs in government has led many commentators to warn of the danger of “technocracy”-- a condition wherein professional career administrators more fully control the direction of public policy than do elected representatives of the people. Likewise, in less developed nations there is concern over the role of public administrators in the development of policy. The charge of indifference to and disregard for public involvement and sentiment is frequently heard. Using data from a survey conducted in the U.S., Korea and Brazil, this paper examines the extent to which civil servants in each country adhere to a technocratic outlook. We find that although societies that are more economically advanced are less likely to adhere to a technocratic view, there is considerable variation within each research setting. Specifically, we find that technocratic orientations are more likely to be held by men, those who hold more materialist value orientations and those holding managerial occupations.     

Predatory versus developmental rule in Africa

Political economy predicts that national leaders opt for economic development when institutions encourage them to extend their time horizons. By contrast, leaders turn predatory if they feel at risk. Leaders are most able to bear risk right upon taking office, but this can be offset by a perception of high volatility in office holding or by concern about catastrophic losses. Political institutions can therefore discourage predation by fostering recurrent, predictable replacement of leaders without harsh payback for ex-leaders who acted developmentally. Cataloguing all national leadership transitions in Africa since 1960, the article demonstrates that electoral cycles, term limits and the prospect of judgement before international tribunals have lately led to declines in the volatility of top office holding and in the risk of catastrophic loss to the occupants. These new institutions have yet to establish full credibility, but they show promise of altering African leaders' risk assessments to encourage more developmental rule.     

Can Small High Schools of Choice Improve Educational Prospects for Disadvantaged Students?

This paper provides rigorous evidence (for 12,130 participants in a series of naturally occurring randomized lotteries) that a large‐scale high school reform initiative (New York City's creation of 100+ small high schools of choice between 2002 and 2008) can markedly and consistently increase high school graduation rates (by 9.5 percentage points overall and for many different student subgroups) for a large population of educationally and economically disadvantaged students of color without increasing annual school operating costs. These findings are directly relevant to current debates by policymakers and practitioners about how to improve the educational prospects of disadvantaged students in the United States.     

Theorizing strategies: Households and markets in 15th-century Tuscany

This article uses empirical evidence from rural Tuscany in the 15th century to compare three frameworks for conceptualizing household strategies: Chayanov's analysis of the domestic economy, Bourdieu's treatment of social reproduction, and Weber's distinction between budgetary units and profit-making enterprises. Although Bourdieu's framework did not work well in this context because there was little evidence that peasants employed strategies to prevent the division of land, there was considerable evidence to support Chayanov and Weber. As Chayanov predicted, many households allocated labor according to a tradeoff between providing for family members and avoiding drudgery. The Weberian perspective also worked well because it explained why these smallholders often divided their holdings and used money in their household strategies.