1,169 research outputs found

    La costruzione giurisprudenziale della nozione di "trasferimento di ramo d'azienda"

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    The paper is divided into two parts. In the first, the author carries out some methodological observations on the possibility of identifying elements of the "dominant economic thinking" in the case law. In the second part, the author verifies the degree of autonomy or subordination of judges in respect of this "dominant economic thinking" with particular reference to a specific issue: that of the jurisprudential construction of the notion of transfer of undertaking (art. 2112 c.c.)

    La tutela amministrativa e penale del lavoro tra punizione e riparazione

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    In the first part, the essay deals with the reasons of the doctrinal’s disregard for remedies under public law in the field of labour law, pointing out that the main reasons for disinterest are related to the inefficiency of sanctions and the impossibility of safeguarding, through such sanctions, the individual rights of worker in the employment relationship. In the second part the author focuses on two specific legal institution: the mandatory warning and the inspector’s provision

    Poteri del datore di lavoro nell’impresa digitale: fenomenologia e limiti

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    The essay aims to critically reflect on the powers of the employer in the context of the digital economy. The spread of the digital enterprise leads to the demand for collaborative working relationships, through which the worker contributes to problem solving and production management. According to the author, the weakening of managerial power in the digital enterprise is counterbalanced by the emergence of new forms of power that make it necessary to intervene with legislation to protect employees

    Enchanted night a novella

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    A fantasy novella on the happenings in a Connecticut town one moonlit night. Two people romance, a woman pines for her lover, teens break into a house, a store mannequin comes to life. By the author of Martin Dressler

    Il lavoro dell’artista dello spettacolo tra coinvolgimento e creatività

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    The author attempts to reconstruct the peculiar and distinctive characteristics of the work of performing artists by ascertaining whether these consist of the creativity of the performance, the emotional engagement of the performer and the existential fulfilment through the work. Except for the first characteristic, the investigation excludes that the other aspects are inevitably present in artistic work. The essay closes by critically examining the doctrines that advocate a broader involvement of the performer in the labour relationship and a move towards labour relations characterised by a greater degree of collaboration, cooperation and convergence towards shared interests of the parties

    Plankwalk : a novella

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    Plankwalk is a creative thesis in the form of a novella and critical afterword. The essay explains how the author makes use of a variety of sources, and how he shapes their effect according to an original conception of the form of the contemporary novella. There follows a discussion of this form and its relation to the confessional narratives of Vladimir Nabokov, and to cultural critics' views on the social role of criminals. The author demonstrates how the changing nature of criminality and confession is reflected in the works of de Sade, Poe, and Nabokov. The issues of the handling of irony, paranoia and the relation of crime to work emerge as the key elements. The author posits the fusion of confessional narrative with the literature of genre overdetermination, in which the expectations of genre dominate a character's interiority

    Elektralite: A Novella

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    abstract: Elektralite: A Novella is a creative project that documents the life and happenings of Lana Elektra, a young multi-million dollar heiress living in New York City. In the novella, Lana has found herself a little restless as a result of having so much money and time on her hands. Through trying to keep herself occupied, Lana meets a boy named Connor who attends college in the city. The two develop a dysfunctional relationship concerning emotions, money, and power. Connor begins to get incredibly comfortable with Lana's lifestyle, particularly the drug culture, while Lana begins to question her identity and the life created for her on account of her wealth and status. Both are forced to evaluate what they want in their lives and what lengths they are willing to go to in order to get it. Themes tackled within the novella include wealth, greed, identity, the nature of love, and the American Dream. Lana and Connor represent two opposite ends of the spectrum in terms of the American Dream, as one who was literally born in to the Dream and another who is working towards the Dream and desperately craves it. The characterization of Connor also comments on the nature of the American college system, and the debt that students accumulate in pursuit of an education. The novella is roughly 114 pages in length and has 8 chapters. The story is told in 3rd person perspective, mostly focusing on Lana but also spending some time on Connor's perspective as well

    Il ritorno della discrezionalità giudiziale dopo la sentenza n. 194/2018 della Corte costituzionale

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    The paper deals with the doctrinal debate on the role assigned to the judge in the construction of legal rules, criticizing the hypothesis that the balance between law and judgment depends exclusively on a clash between legislative power and the judiciary. In the field of labor law, the author focuses attention on the events that have involved the disciplines of dismissals over the last ten years, noting the alternation between attempts by the legislator to make the consequences of unjustified dismissal certain and calculable, and attempts on the part of the judges to reclaim spaces of discretion. The recent sentence n. 194/2018 contributes to the return of discretion in the discipline of dismissals, on the assumption that only the judicial discretion can guarantee the observance of the constitutional principle of equality in the determination of the indemnity due in case of unjustified dismissal

    Nightjar: a novella and other stories

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    Nightjar is a collection of stories, and a novella, that explores themes of origination, displacement and reckoning.M.F.A.Includes bibliographical reference

    Embers : a Novella

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    71 p.The author introduces his novella with a discussion of his creative process and the inspiration found in a tragic fire that burned down the house of his brother and sister-in-law who related his brother’s startling reaction to the fire : "I know this sucks, but I have to admit, I've never felt more free.
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