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In 1913, the Industrial Workers of the World (IWW) led a strike of silk workers in Paterson, New Jersey. Several New York intellectuals took advantage of Paterson's proximity to New York to witness and participate in the strike, eventually organizing the Paterson Pageant as a fundraiser to support the strikers. Directed by John Reed, the strikers told their own story in the dramatic form of the Pageant. The IWW and the Paterson Silk Strike inspired several writers to relate their experience of the strike and their participation in the Pageant in fictional works. Since labor and working-class experience is rarely a literary subject, the assertiveness of workers during a strike is portrayed as a catastrophic event that is difficult for middle-class writers to describe. The IWW's goal was a revolutionary restructuring of society into a worker-run co-operative and the strike was its chief weapon in achieving this end. Inspired by such a drastic challenge to the social order, writers use traditional social organizations--religion, nationality, and family--to structure their characters' or narrators' experience of the strike; but the strike also forces characters and narrators to re-examine these traditional institutions in regard to the class struggle. / English

The geomorphic expression, sedimentation, and near-field deformation of a fault system may be characterized to obtain an understanding of its kinematic evolution and potential seismic hazards. The dynamics and deformation history of the Eastern California shear zone (ECSZ), a wide and complex network of right-lateral strike-slip faults, is not well understood, despite hosting three large (>Mw 7.0) earthquake ruptures in recent decades. The low-net slip faults of the ECSZ (each with <10 km) offer a unique opportunity to assess strain distribution in a developing, kinematically immature strike-slip system. To do so, I conducted field-based investigations of these faults within the Mojave Block of the ECSZ. First, I investigated the morphology, structure, and controls of restraining bend growth along the numerous faults of the ECSZ via field mapping and numerical deformational modeling. I found that the ECSZ restraining bends are small (kilometer-scale), exhibit high-angle, doubly fault-bound geometries with positive flower structures, and have self-similar morphologies characterized by a "whaleback" longitudinal profile and an arrowhead shape in map view. Gradual changes in form with increasing restraining bend size suggest a common growth mechanism influenced more by the kinematics of local fault geometries than by the fault's obliquity to plate motion. Modeling results indicate that concentrated shear strain at single transpressional bends facilitates the development of new secondary faults with cumulative strain as a mechanism to accommodate horizontal shortening via uplift between the faults. The ECSZ restraining bends contribute minimally to regional contractional strain due to their small size, steep fault angles, and shallow crustal penetration (< 5 km), which also suggests that they are unlikely to obstruct large earthquake ruptures. Second, I conducted a spatiotemporal slip rate analysis of the Calico fault with new mapping and geochronology of offset alluvial fans from North Hidalgo Mountain. From this work I obtain several findings. 1) The slip rate along North Hidalgo Mountain ranges from 1.5-2.1 mm/yr in the Holocene and 0.8-2.0 mm/yr in the late Pleistocene. 2) The similarity in slip rates between North Hidalgo Mountain and the Rodman Mountains suggests that this 38 km stretch is a kinematically coherent fault segment with a relatively steady slip rate of 1.7 +0.4/-0.3 mm/yr over the past 60 ka. Faster rates reported from Newberry Springs suggest either a significant increase in slip rate from the Rodman Mountains to Newberry Springs or temporal variations in slip rate. 3) The new rates support previous work which showed the central section of the Calico fault has the highest slip rate in the Mojave Block. However, it does not resolve the discrepancy between ECSZ geodetic and geologic slip rates, implying that transient changes in slip rate, or the contribution of off-fault deformation or other structures may be required. Additionally, the lack of geological slip rate data might contribute to this discrepancy if significant spatial and temporal variations exist on other ECSZ faults. / Doctor of Philosophy / The topography and geology within a fault system may be studied to understand tectonic plate motion over time and assess earthquake hazards. The Eastern California shear zone is a complex network of strike-slip faults within the Mojave Desert, which has hosted three large earthquakes (>Mw 7.0) in recent decades. Despite this significant seismic activity, the mechanisms of motion across the numerous faults in the Eastern California shear zone remain poorly understood. The individual faults have accumulated relatively little strike-slip motion since their inception (less than 10 kilometers), offering a unique opportunity to investigate the early-stage kinematics and seismic hazards of a strike-slip fault system. To do so, I conducted field-based investigations of the faults within the Eastern California shear zone. First, I investigated the early evolution and controls of compressional strike-slip fault bends in the Eastern California shear zone. From mapping and numerical modeling, I characterized the shape, structure, and uplift of numerous small compressional bends dispersed across the faults. From these efforts, I found that uplifted crust in the fault bends exhibit self-similar forms with shallow crustal depths (<5 km). Small changes in the shape of these structures occur with increasing size indicating a predictable pattern of growth with increasing cumulative slip that appears to be partially controlled by local fault conditions. Numerical modeling of simple compressional fault bends indicate that shear strain concentrates at bend corners, which may facilitate the growth of a new fault that more efficiently accommodates contraction in the bend via uplift of the crust between the two faults. The compressional strike-slip fault bends in the Eastern California shear zone are too small to significantly impact regional contractional strain and are therefore also unlikely to impede large earthquake ruptures. Second, I studied the slip rate (or rate at which the fault moves) of the Calico fault via new mapping and age data of displaced alluvial fans. I found that 1) the Calico fault at North Hidalgo Mountain slips at a rate of 0.8-2.0 mm/yr since ~70,000 years ago. 2) The slip rates from North Hidalgo Mountain and the Rodman Mountains are similar, indicating that the 38 kilometers between them behaves consistently, with a steady rate of ~1.7 mm/yr over the last ~60,000 years. However, faster slip rates reported at Newberry Springs suggest either a significant increase in slip rate from the Rodman Mountains to Newberry Springs or that it varies over time. 3) These findings confirm that the central Calico fault has the fastest slip rate in the Mojave Block but does not reconcile regional differences between rates from geodetic and geological measurements. The difference between the slip rates measured by geodetic methods and those from geological studies in the Eastern California shear zone suggests that there could be temporary changes in slip rates or that deformation might be occurring in areas away from the main fault. Also, the lack of geological slip rate data might contribute to this discrepancy if significant spatial and temporal variations exist on other Eastern California shear zone faults.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

In the first section of the dissertation, strike law in the Netherlands is focused upon. The following issues are inter alia dealt with: the historical background of the strike phenomenon, the right to strike and restrictions on this right, the reluctance of the Dutch legislature to legislate in the field of industrial action, and the directly applicable provisions of the European Social Charter. The second section of the dissertation deals with South African strike law and also starts off with a discussion of the historical background thereof, whereafter the provisions of the 1995 Labour Relations Act are analysed and discussed. The third and last section highlights some of the major differences and points to some similarities between the two legal systems. It concludes that the detailed South African labour legislation does not provide more certainty than the Dutch judge-made law in respect of the law relating to strikes. / Law / LL.M.

The effective management of a strike is generally a challenging phenomenon which impacts on employers, employees and the general public. The main purpose of this study was to analyse the legal implications of employees’ participation in an unprotected strike. The study also explored requirements for a strike to be protected in compliance with the prescribed legislation. From the literary review, cases and legislation, it became clear that compliance plays a key role when a consideration is taken by employees to take part in a strike during dispute resolution. In analysing the legal consequences for participating in an unprotected strike, a finding was made that employers in the end have an upper hand in that when all due processes and procedures are followed, they are empowered to dismiss employees. Legislation and international standards form the cornerstone upon which dispute resolution mechanisms and the rights of employers and employees are derived from. / Mercantile Law / LL.M. (Labour law)

The 2002 National Security Strategy of the US (NSS 2002) appeared to have presented a momentous approach to self-defense. To many, the doctrine of preemptive selfdefense seemed to challenge the legal and political foundations of the post-World War II international order. Some saw in the US stated reliance on preemption a direct threat to the international system embodied in the UN Charter. The prima facie case that the US position was novel and even dangerous appeared persuasive. This thesis attempts to assess the exceptionality of NSS 2002 in its formulation and implications. This question of exceptionality is broadly divided into two sections. The first section deals with internal exceptionality, in terms of means (the deliberation and drafting processes) and ends (the US defense posture). The second section deals with external exceptionality in the broader terms of possible consequences outside the US. Section One begins by establishing the grounds for looking into the formulation of NSS 2002, and provides the background for that Strategy's mandated precursors. After exploring how National Security Strategy documents are conceived and framed, Section One discusses the Strategy as it was published, and examines a sampling of contemporaneous reactions to its publication. Section Two concentrates on the second part of the research question, and utilizes a thematic approach - in terms of the use of force, the international security environment, and international law. Possible consequences of the proposed US response to contemporary security challenges are considered in these three key areas.

L’encadrement légal particulier de la négociation collective impliquant les pompiers municipaux québécois, malgré sa soumission à certaines règles prévues par le régime général du Code du travail, présente des spécificités qui pourraient en affecter l’efficacité et ainsi contribuer à l’instauration de relations de travail difficiles. Ce mémoire s’attarde aux difficultés associées à ce régime de négociation collective interdisant le recours à la grève et prévoyant son remplacement par un système d’arbitrage obligatoire. L’étude des relations de travail impliquant les pompiers de Montréal ne permet pas, à elle seule, de qualifier ce régime particulier de négociation collective d’alternative inefficace au régime général. Toutefois, ce mémoire met en évidence les limites d’un cadre légal, alors que des facteurs externes au droit, tels que le caractère public de l’employeur et la nature particulière du métier, semblent jouer un rôle déterminant dans la dynamique conflictuelle des relations de travail impliquant des pompiers municipaux. / The particular legal framework of collective bargaining for Quebec’s municipal firemen, despite the fact that it submits to some principles of the general collective bargaining system provided by the Labour Code, presents some particularities that could affect its efficacity and contribute in establishing difficult and conflicting labour relations. This thesis will mostly consider the difficulties associated with this particular legal framework which prohibits strikes, in all circumstances, to the firemen and provide, as an alternative, the resort to compulsory arbitration. The analysis of Montreal firemen’s labour relations can’t allow us to qualify this particular legal framework as an inefficient alternative to the general collective bargaining system. But still, this thesis may show the limits of a legal framework when some external factors, like the public character of the employer or the particular nature of the job, seem to play a major role in the conflicting labor relations implicating firemen.

Cette étude traite du droit de grève et de sa protection en milieu de travail et en milieu étudiant au Québec. À la suite de l’importante et mémorable grève générale étudiante du printemps 2012, encore appelée printemps érable et des répercussions qu’elle a engendrées, il était important de consigner par écrit une analyse du droit de grève et de la protection dont ce droit bénéficie, non seulement au niveau des relations de travail mais aussi en milieu étudiant. Cette étude propose ainsi une rétrospective sur l’organisation à l’origine de son existence, c'est-à-dire le syndicat. Elle porte un regard particulier sur le syndicalisme ouvrier et le syndicalisme étudiant. Pour une bonne compréhension de ces deux catégories d’associations, nous rappellerons l’histoire de chacune d’elle avant de porter une attention particulière au droit de grève dont elles jouissent ainsi qu’à l’encadrement juridique de ce dernier. Pour finir, nous analyserons les fondements constitutionnels possibles de la grève en tant que moyen collectif d’expression et d’action des associations de salariés et d’étudiants. Nous soulignons que cette étude est basée sur divers ouvrages portant sur le syndicalisme ouvrier et étudiant ainsi que sur le droit de grève et sa protection, thèmes traités par d’éminents professeurs et juristes, qui ont été notre source d’inspiration. / This study refers to the right to strike and its protection in the workplace and student's environment in Quebec. Following the important and memorable student general strike in spring 2012, also called maple spring and the repercussions it has prompted, it was important to write down an analysis of the right to strike and the protection it offers, not only in the field of labor relations but also in the context of students’ protests. We will make a retrospective of the organization at the origin of its existence: the union. For a good understanding of workers and students’ associations, we shall remind the history of each one before paying a particular attention to the right to strike and the legal frame that applies to it. Finally, we shall analyze the possible constitutional foundations of the strike as a collective means of expression and action for employees and students’ associations. We emphasize that this study is based on various books concerning trade unionism and students’ organisations as well as the right to strike and its protection, topics treated by eminent professors and lawyers, who have been our inspiration.

The right to strike and lock-out This master's thesis deals with the topic of the right to strike and right lock-out, which has proven to be a rather controversial theme in the Czech Republic and Czech law discourse. The thesis ponders the subject in its broad context in the Czech law environment as well as examines its relations towards International and European law context. The main aim is to provide a complex and through insight on the matter, define it and state its main challenges and pitfalls, and valorise Czech law environment around the strike. The structure of the thesis consists of two main parts. The first part focuses on the right to strike in detail and is divided into eight chapters, whereas the second part deals with the right to lock-out. The first chapter serves as an introductory to the examined matter and defines the basic terms such as "strike" or "walkout" and puts their meaning into the law context. Furthermore it describes various methods and kinds of strikes, actors and participants and scale of strikes. The second chapter examines the historical developments and ramifications. From medieval times to the state-capitalist dictatorships before the year 1989, it seeks to draw the main lines of development and the driving force behind it. The third chapter focuses on the related rules...