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Wrestling with the New Economy: Judicial Rhetoric in Canadian Wrongful Dismissal Claims

2010· article· en· W1916853817 on OpenAlex

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueLaw & Social Inquiry · 2010
Typearticle
Languageen
FieldBusiness, Management and Accounting
TopicOrganizational Downsizing and Restructuring
Canadian institutionsnot available
Fundersnot available
KeywordsDismissalRhetoricDoctrineIdeologyPlaintiffUnfair dismissalJudicial opinionLawPolitical scienceLabour lawSociologyEconomics

Abstract

fetched live from OpenAlex

Contemporary Law and Society scholars emphasize focused study of “law and the economy” yet empirical work on the legal implications of important economic transformations of the late twentieth century is limited. To address this issue, I analyze Canadian wrongful dismissal claims heard to judgment between 1981 and 1997 to understand how judges grappled with contradictions that arose between classic legal doctrine on the employment relationship, unstable economic conditions that limited employment opportunities for plaintiffs, and new business ideologies about employee expendability and flexibility. Findings demonstrate that judicial rhetoric was attentive to the contradictions that arose with the new economy, and unique responses were developed. These responses, however, varied according to specific socioeconomic contexts embedded within the seventeen‐year period under study. I conclude by suggesting the development of more dynamic theories of law and the economy to capture the ways in which law shifts in response to changing economic contexts.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.915
Threshold uncertainty score0.754

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.012
GPT teacher head0.223
Teacher spread0.210 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it