Most countries with co-determination laws have single-tier board of directors enshrined in corporate law (such as France and Scandinavian nations), while Germany boasts two-tier boards, whereby employees hold seats on a supervisory committee and sometimes management boards.
"It fundamentally reaches into all areas of the company," said Mr. Rath, thumbing through a 500-page guide to the intricacies of co-determination law.
It took the case to the European Court in March, but is unlikely to get a verdict before the end of 2006.The workers rule, OKThe troubles at VW have also been blamed on Germany's co-determination law.
Rethinking Bargaining Unit Determination: Labor Law and the Structure of Collective Representation in a Changing Workplace, Hofstra Labor & Employment Law Journal.
The prosecutions demonstrate the determination of law enforcement agencies that what occurs online should be subject to everyday rules and regulations.
An important but subsidiary point concerns the extent to which the appellate court will interfere with the judgment of a first instance judge in striking this balance: is it closer to the exercise of a discretion or the making of a determination of law?
Upon request of any party to such an action against such defendant, the court shall also review the determination of law made by the Commission in the proceeding under subsection (b) that the act or practice which was the subject of such proceeding constituted an unfair or deceptive act or practice in violation of subsection (a).
Section 2254 d) does not bar a federal court from reviewing "a mixed determination of law and fact that requires the application of legal principles to the historical facts of this case". 446 U.S., at 342, 100 S.Ct., at 1715; see Brewer v. Williams, 430 U.S. 387, 403-404, 97 S.Ct.
But under Arizona's controversial anti-immigration law, SB 1070, those with Hispanic names -- like the Mexican-American Hernandez, who is a naturalized citizen -- could be asked for papers if a police officer reasonably suspects the person is in the country illegally, a determination the law largely leaves to the officer's discretion.
His research tackles how to resolve competing claims to self-determination through law.
