A Response to the British Journal of Industrial Relations Symposium on the Human Rights Watch Report: A Minimum Program for Promoting Collective Bargaining Rights as a Human Right

The publication of Unfair Advantage, a report published by Human Rights Watch (HRW), documents and analyzes how employers routinely violate international human rights standards by depriving U.S. workers of their legal right to organize. In a recent symposium on Unfair Advantage published in the British Journal of Industrial Relations, 7 essays analyzed the strengths and weaknesses of the HRW report from a variety of ideological and theoretical perspectives. Although the scholars who wrote these essays raised a number of important issues concerning Unfair Advantage, they failed to provide any concrete or practical methodologies for using this report to promote the collective bargaining rights of U.S. workers in the early years of the twenty-first century. Thus, the purpose of this paper is to critique these symposium papers as well as to propose a minimum program, on the basis of Unfair Advantage, for advancing the collective bargaining rights of U.S. workers.     

Entrepreneurial talent and economic development in China

In this paper, we argue that the economic miracle of China in the past three decades can be attributed to the reallocation of entrepreneurial talent from the government/state and agricultural sectors to business activities. This change is unprecedented in the past two thousand years of Chinese history. When entrepreneurial talent was moved more to business activities, it created wealth, and the economy boomed. Three dominant groups of entrepreneurs are identified: (1) Peasants-turned entrepreneurs, (2) officials-turned entrepreneurs, and (3) overseas-returned, and engineers-turned, entrepreneurs. They have emerged sequentially, and successively led three decades of economic growth. The success of the Chinese economy arises from a gradual replacement of position-based rights with property-based rights that has triggered this reallocation of entrepreneurial talent. We also argue that when position-based and property-based rights coexist, value-creating and rent-seeking can be complementary. Therefore, one should not be puzzled by the coexistence of rapid economic growth and pervasive corruption in China. In order to improve the efficiency of allocation of entrepreneurial talent and efforts, it is important to further reduce the domain of position-based rights, and build a better-defined and more effectively-protected property rights system.     

Privacy and Personnel Selection: Reciprocal Rights and Responsibilities

Previous models of invasion of privacy in selection have stressed applicant rights to the exclusion of applicant responsibilities, and have slighted organizational incumbents' needs to acquire accurate knowledge about prospective co-workers. To correct this imbalance, a reciprocal model, enumerating and justifying possible rights and responsibilities of applicants, organizational management, and organizational incumbents, is postulated. This normative model is contrasted with the current mistrust that characterizes many selection interactions. Propositions suggesting ways of gaining the information that organizations require, while still respecting the privacy needs of applicants, are advanced. Tentative suggestions for how human resource professionals could initiate these positive changes are suggested as well.     

Individual rights and organizational theory

Rights are very important concepts in everyday life. And they are especially important to participants in organizations. Yet, our theories of organization and management have largely ignored rights — stressing, instead, other concepts, such as goals, roles, etc. This article describes the historical significance of rights and their relevance in understanding social behavior. The advantages of a right-based organizational theory (versus traditional goal-based theories) are discussed.This article draws on the author's forthcoming book,A Social-Contract Theory of Organizations (University of Notre Dame Press, 1988).     

Impacts of Privatization of Customary Land Rights in Zambia: A Comparative Study of Rural and Peri‐urban Locations

In its quest for development, Zambia is pursuing a land policy that facilitates privatization of customary land. This article investigates the effects of privatization in terms of how it shapes people's behaviour and perception of private tenure and related tenure dynamics. Findings have shown that the appetite to privatize land is growing stronger in peri‐urban areas as land becomes more scarce. Furthermore, privatization of land appears to be a threat to traditional political structures as allegiance and loyalty towards chiefs diminish and tension and struggles over land in peri‐urban areas increase. Similarly, privatization of land erodes people's faith in the role that cultural and ancestral beliefs play in traditional land management. Also, people in rural areas tend to favour private tenure more if ‘privatization of customary land’ means allocation of land to outsiders. If, by contrast, the phrase is taken to mean communities registering their own land, peri‐urban communities tend to have a stronger desire to register land. Furthermore, rural communities were found to be less informed about land policy and seemed less keen to be involved in land policy processes when compared to peri‐urban residents. However, rural people may have no reason to inform themselves about land policy until they realise that the policy is likely to affect them.     

Employee rights and issue-based inquiry: Reflections on papers in the special issue “Law Without Justice”

The articles in this special issue Law Without Justice are reviewed. Although (like many other students of employee rights) the authors did not conceptualize rights adequately, they advanced understanding of employee rights by linking the analysis of concrete rights to the larger social context. Further, by directing attention to the processes of social construction which affect the relationship betweende jure andde facto rights, the articles help to fill an important gap in the existing literature. Some implications for research on employee rights (and applied social science more generally) driven by social issues rather than theories are explored.     

THE CASE AGAINST MELIORISM: VEILED TRAGEDIES, OR WHEN COST–BENEFIT ANALYSIS IS IN PRINCIPLE IMPOSSIBLE

The philosophy of meliorism seeks to spread the cost of the tragedies of the few over the many, thus easing the suffering of the few, while hardly burdening the many. The problem with this is that such cost-spreading itself causes tragedies, except that the tragedies are veiled – they are not only unknown; they cannot, in principle, be known. Thus meliorism distributes not from the tragic few to the ordinary many, but from the visibly tragic few to another group of tragic few, the latter group unseen and unknown, hence unable to complain about this state of affairs.     

Muhammad's Conception of Property as A Bundle of Rights

Property was first conceived of as a bundle of rights in early Islam. The legal instrument that crystallised this Islamic conception was the waqf, a legal entity delivering public welfare in accordance with the wishes of a benefactor. Trusts, which evolved in the thirteenth century, have a rationale analogous to that of waqfs, and in fact may have replicated the legal template of waqfs. The finding that waqfs are germane to Islam has ramifications for policies on waqfs in contemporary Islamic societies.     

Human Resource Management and Fortune's Corporate Reputation Survey

This study investigates the relationship between human resource objectives and Fortune's corporate reputation score. Questionnaires were received from 83 human resource executives of companies measured in Fortune's survey. The questionnaire measured the degree to which the following HR objectives underlie HR activities: (1) treating employees fairly, (2) improving organizational performance, and (3) complying with the law. Results show that a significant, positive correlation exists between emphasis placed on the fairness objective and corporate reputation.     

Measuring process capability index <Emphasis Type="Italic">C</Emphasis><Subscript><Emphasis Type="Italic">pm</Emphasis></Subscript> with fuzzy data

The process capability index C _pm , which considers the process variance and departure of the process mean from the target value, is important in the manufacturing industry to measure process potential and performance. This paper extends its applications to calculate the process capability index [(C)\tilde]_pm{\tilde {C}_{pm} } of fuzzy numbers. In this paper, the α-cuts of fuzzy observations are first derived based on various values of α. The membership function of fuzzy process capability index [(C)\tilde]_pm{\tilde {C}_{pm} } is then constructed based on the α-cuts of fuzzy observations. An example is presented to demonstrate how the fuzzy process capability index [(C)\tilde]_pm{\tilde {C}_{pm} } is interpreted. When the quality characteristic cannot be precisely determined, the proposed method provides the most possible value and spread of fuzzy process capability index [(C)\tilde]_pm{\tilde {C}_{pm} }. With crisp data, the proposed method reduces to the classical method of process capability index C _pm .     

Growth dynamics of dedicated biotechnology firms in transition economies. Evidence from the Baltic countries and Poland

Countries undergoing the difficult transition from state ownership to market economies have characteristics which are often portrayed by scholars as adverse to the development of SMEs. Others nonetheless suggest that the performance of such firms can be positively influenced by business strategies. To develop a better understanding of the relation between these two seemingly different standpoints, this paper investigates the effects of (1) human capital; (2) administration system for start-ups; (3) financial capital; and (4) intellectual property rights on the emerging biotechnology industry in Estonia, Latvia, Lithuania and Poland and considers the strategic response of two highly successful dedicated biotechnology firms (DBFs): Bioton in Poland and Fermentas in Lithuania. The results suggest that the decision to implement an internationalization strategy (and alliances with foreign partners) in association with the production of low cost, high quality products can drive the growth dynamics of SMEs.     

New characterizations of a classical bankruptcy rule

Concede-and-divide is a well-known and widely accepted procedure to solve bankruptcy situations involving two agents. In a recent paper, Moreno-Ternero and Villar (2004) characterize it by means of a new property, called securement, that imposes a lower bound on the awards agents might obtain. This property can be naturally decomposed in two more elementary ones. We show that each of these components, together with a suitable version of monotonicity and the standard property of self-duality, also characterize concede-and-divide. We also show that one of these components characterizes the rule, when combined with the standard property of minimal rights first.     

Takings of development rights with asymmetric information and an endogenous probability of an externality

A game-theoretic model is used to analyze the interaction between the landowner and the government. In the benchmark model, efficiency can be reached when compensation is tied to the private value of developed land, which is contrary to much of the takings literature. Further, the level of compensation needed to create an efficient outcome with no over-development is derived. Next, two cases are considered: asymmetric information and an endogenous probability of an externality. First, the presence of the positive externality is revealed only to the landowner before the decision to develop early. In this case, if the landowner does not receive the full market compensation, then he or she has an incentive to eliminate the externality. In the second case, the model includes an endogenous probability of a positive externality occurring that depends on investment in conservation. For an efficient outcome to occur, the landowner should be compensated by the full amount of the positive externality. This compensation scheme aligns the incentives of the owner with society.     

Bayesian estimation of log odds ratios from R × C and 2 × 2 × K contingency tables

In this paper, Bayesian estimation of log odds ratios over R × C and 2 × 2 × K contingency tables is considered, which is practically reasonable in the presence of prior information. Likelihood functions for log odds ratios are derived for each table structure. A prior specification strategy is proposed. Posterior inferences are drawn using Gibbs sampling and Metropolis–Hastings algorithm. Two numerical examples are given to illustrate the matters argued.     

On the construction of <Emphasis Type="Italic">E</Emphasis>(<Emphasis Type="Italic">s</Emphasis><Superscript>2</Superscript>)-optimal supersaturated designs

Supersaturated designs are an important class of factorial designs in which the number of factors is larger than the number of runs. These designs supply an economical method to perform and analyze industrial experiments. In this paper, we consider generalized Legendre pairs and their corresponding matrices to construct E(s ²)-optimal two-level supersaturated designs suitable for screening experiments. Also, we provide some general theorems which supply several infinite families of E(s ²)-optimal two-level supersaturated designs of various sizes.      

Bounds for the mean residual life function of a <Emphasis Type="Italic">k</Emphasis>-out-of-<Emphasis Type="Italic">n</Emphasis> system

In the reliability studies, k-out-of-n systems play an important role. In this paper, we consider sharp bounds for the mean residual life function of a k-out-of-n system consisting of n identical components with independent lifetimes having a common distribution function F, measured in location and scale units of the residual life random variable X _t  = (X−t|X > t). We characterize the probability distributions for which the bounds are attained. We also evaluate the so obtained bounds numerically for various choices of k and n.     

Raising the bar (8)

This editorial summarizes the papers published in issue 13(3) so as to raise the bar in applied spatial economic research and highlight new trends. The first paper challenges the home market hypothesis that large countries host more firms relative to their size than small countries by considering the lobbying activities of multinational firms. The second paper analyzes the implications of a spatial weight matrix used to estimate a spatial econometric model that depends on an endogenous economic variable. By adding a spatial context, the third paper provides a novel contribution to the literature on international norms in de facto measures of human rights performance. The fourth paper examines the determinants of accepting informal work in Poland. The fifth paper deals with non-stationarity and cointegration in a dynamic spatial econometric panel data model when the number of observations in the time – rather than in the cross-sectional– domain tends to infinity.     

A method for generating uniformly scattered points on the <Emphasis Type="Italic">L</Emphasis><Subscript><Emphasis Type="Italic">p</Emphasis></Subscript>-norm unit sphere and its applications

Tashiro (Ann Inst Stat Math 29:295–300, 1977) studied methods for generating unform points on the surface of the regular unit sphere. The L _p -norm unit sphere is a generalization of the regular unit sphere. In this paper we propose a method associated with an algorithm for generating uniformly scattered points on the L _p -norm unit sphere and discuss its applications in statistical simulation, representative points of a wide class of multivariate probability distributions and optimization problems. Some examples are illustrated for these applications. This research was supported by The University of Hong Kong Research Grant and a University of New Haven 2005 and 2006 Summer Faculty Fellowships.     

‘THE GREATEST AND WIDEST‐RANGING MARKET FAILURE EVER SEEN’: REALLY?

In The Times on 31 October 2006, Sir Nicholas Stern was quoted as saying that climate change is the ‘greatest and widest‐ranging market failure ever seen’. Since it is such a topical issue, we asked students to respond to this claim. Here is the winning entry from the 2007 IEA Student Essay Competition.     

Racial harassment: Case characteristics and employer responsibilities

This article examines the socio-business issue of racial harassment in the workplace. For two decades, the federal judiciary has been defining and refining the elements of the offense within the parameters of Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act of 1866. The Supreme Court’s decision to hear arguments for the first and only time on one of the important aspects of the developing doctrine focused considerable attention on this workplace problem in 1989. The Civil Rights Act of 1991 provides limited money damages to victims of discrimination under Title VII of the Civil Rights Act of 1964, whereas Section 1981 of the Civil Rights Act of 1866 provides unlimited damages to the victims of discrimination and race harassment. The authors discuss the legislative and judicial foundations of race harassment with respect toPatterson v. McLean, provide a profile and analysis of racial harassment cases (1971–1987), and conclude with a discussion of employer liability and recommendations for management.