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Information and communications technology products are indispensable tools of modern life across the globe. Smartphones and laptops connect to a vast global computing infrastructure. Sophisticated medical equipment is ubiquitous in hospitals. Robotics increasingly enable manufacturing of every kind of product. Sensor networks facilitate the flow of urban traffic. The emergence of autonomous vehicles, products enabling augmented and virtual reality, the broad array of “Internet of Things” devices, and countless other innovations suggest that these kinds of products will continue to play an ever-growing role in the modern global economy.
Patent systems commonly empower courts to order accused or adjudged infringers to refrain from continuing infringing conduct in the future. Some patentees file suit for the primary purpose of obtaining and enforcing an injunction against infringement by a competitor, and even in cases in which the patentee is willing to license an invention to an accused infringer for an agreed price, the indirect monetary value of an injunction against future infringement can dwarf the amount a finder of fact is likely to award as compensation for past infringement. In some of these cases, an injunction, if granted, would impose costs on accused infringers or third parties that go well beyond the more intrinsic value of the patented technology. This chapter explores the theory behind injunctive relief in patent cases, surveys the availability of this remedy in major patent systems, and suggests a general framework for courts to use when deciding whether injunctive relief is appropriate in individual cases.
Following the financial crisis, the United Kingdom introduced major structural reforms to address concern about Too-Big-To-Fail (TBTF) banks, while France and Germany adopted much weaker reforms. This is puzzling given the presence of large universal banks engaged in market making activities in all three countries, which suffered significant losses during the international financial crisis, and given the commitments to reform made by political leaders in all three countries. The paper explains this policy divergence by analysing how dynamics of agenda setting contributed to the emergence of policy windows on structural reform. We explain the United Kingdom's decision to delegate the process to an independent commission as an example of venue shifting which helped to insulate the process from industry framing, and resulted in “conflict expansion” by mobilizing a wider coalition of actors in support of bank ringfencing. By contrast, in France and Germany the agenda was tightly managed through existing institutional venues, enabling industry to resist the framing of the issue around TBTF and limiting the role of non-business groups—a process we label as “conflict contraction.” We argue that analysis of agenda setting dynamics provides new insights into the cross-national variability of business power.
This study examined how individuals make sense of their work narratives – autobiographical stories about their work lives – and the implications for individual well-being. A mixed methods approach was used to investigate relationships between meaning making, pathways to meaningfulness, job characteristics, job involvement, and psychological well-being. Survey responses and narrative themes from life story interviews were collected from 119 adults. A narrative coding scheme was developed to identify pathways to meaningful work. Results show that people made sense of their work lives most often by constructing themes about personal agency. The findings support prior research suggesting that socioeconomic factors, access to resources, and working conditions increase the likelihood of finding and benefiting from meaningful work. For individuals wishing to find meaning in their work, job design characteristics (e.g., decision authority, skill discretion), and developing a sense of agency can be levers for fostering meaning and well-being.
Applied psychologists commonly use personality tests in employee selection systems because of their advantages regarding incremental criterion-related validity and less adverse impact relative to cognitive ability tests. Although personality tests have seen limited legal challenges in the past, we posit that the use of personality tests might see increased challenges under the Americans with Disabilities Act (ADA) and the ADA Amendments Act (ADAAA) due to emerging evidence that normative personality and personality disorders belong to common continua. This article aims to begin a discussion and offer initial insight regarding the possible implications of this research for personality testing under the ADA. We review past case law, scholarship in employment law, Equal Employment Opportunity Commission (EEOC) guidance regarding “medical examinations,” and recent literature from various psychology disciplines—including clinical, neuropsychology, and applied personality psychology—regarding the relationship between normative personality and personality disorders. More importantly, we review suggestions proposing the five-factor model (FFM) be used to diagnose personality disorders (PDs) and recent changes in the Diagnostic and Statistical Manual of Mental Disorders (DSM). Our review suggests that as scientific understanding of personality progresses, practitioners will need to exercise evermore caution when choosing personality measures for use in selection systems. We conclude with six recommendations for applied psychologists when developing or choosing personality measures.
How do migrant employees understand and articulate human rights in the British hospitality sector? This article contributes to the discussion on the translation of human rights responsibility in business by introducing ‘rights-talk’ as an analytical lens to explore and theorize about employees’ situated understanding and uses of human rights as a language and a moral evaluative frame. The analysis highlights the importance of (in)equality in employees’ everyday experience of rights, and points to several disincentives for them to engage with and in rights-talk including social and organizational disrespect, managerial disregard for employees’ claims, and their largely connotative use of human rights language. These insights advance theorizing and open research avenues on the significance of human rights in organizations from a bottom-up perspective, while the inquiry’s micro-level focus enriches business and human rights’ methodological toolbox. The findings are also significant for business human rights responsibility in contexts of heightened anti-immigration discourse and policies.