Bargaining Power Dynamics and the Negotiation of Commercial Rights and Obligations: A Case of Athlete Agreements

This qualitative case study explored how the structural power imbalance in high performance sport influenced the bargaining process and resulting commercial rights and obligations of a single Canadian national sport organization’s (NSO1) Athlete Agreement. Principles comprising the doctrine of unconscionability, specifically the identification of a power imbalance between contracting parties, and the exploration of how that power imbalance influenced the terms of the contract, provided a framework to analyze factors influencing the commercial contents of NSO1’s Athlete Agreement. The results of this analysis revealed that despite the overarching influence of the inherent structural power imbalance on all aspects of NSO1 and its membership, an athletes’ level of commercial appeal can reach such heights as to balance the bargaining positions of both parties and subsequently influence the commercial contents of the Athlete Agreement.

Copy of poster advertising “Grand Buffalo Hunt at Niagara Falls” with Bill Hickok, August, 1872

James Butler Hickok (1837-1876), also known as “Wild Bill” Hickok, was an American gun-fighter, scout and spy. He was involved in altercations with others while working for the famous express company Russell, Majors and Waddell (in 1861), and later while working as a wagon master, scout, and spy for the Union forces during the Civil War. These altercations resulted in the deaths of 4 people, but Hickok was acquitted in all cases. An embellished article written about him in Harper’s magazine helped contribute to his reputation as a western hero. He served as a deputy U.S. marshal and sheriff in Kansas in the late 1860’s, helping to bring law and order to a previously lawless area. He gambled considerably, and during a card game on August 2, 1876, was shot and killed. The cards he was holding (two aces, two eights, and a jack) became known as the "dead man's hand."

Copy of page 141 of Confederation by Joseph Pope annotated by John A. Macdonald, 1867

Joseph Pope was born in Charlottetown, Prince Edward Island in 1854. He was the private secretary to Sir John A. Macdonald from 1882-1891. He worked as the assistant clerk to the Privy Council and undersecretary of state for Canada from 1896-1909. He was appointed a Companion of the Order of St. Michael and St. George in 1901. He was later knighted as a Knight Commander of the same order. Joseph Pope was the first permanent head of the Department of External Affairs (now Foreign Affairs and Internal Trade) 1909-1925. He was an advisor to Prime Ministers from Macdonald to King. He died in Ottawa, in 1926. As well as Confederation, Pope also penned: Memoirs of Sir John A. Macdonald : A Chronicle of the First Prime Minister of the Dominion; The Day of Sir John Macdonald; Jacques Cartier, his life and voyages; Traditions and Sir John A. MacDonald vindicated : a review of the Right Honourable Sir Richard Cartwright's reminiscences as well as other books Pope’s son, Maurice Arthur Pope wrote a book about Joseph entitled Public Servant: the Memoirs of Sir Joseph Pope”.

Social Organization on the Web: How Sex workers Rights Organizations Engage in Activism and Advocacy Work Online

The purpose of this study was to examine how sex workers rights organizations use their websites as a site of activist and advocacy work and ask (i) how do various organizations conceptualize sex work on their websites, and to what extent do they incorporate an intersectional feminist perspective? (ii) what communication strategies are used by the four organizations to target audiences in the viewing public? (iii) what audiences do the four websites target? (iv) how do the four organizations discuss successes and challenges on their websites? (v) in what ways do sex worker right organizations use websites to further their goals? The websites of Maggie’s, POWER, and Stella attempt to embrace an intersectional feminist perspective of sex work, while PACE does not. The four organizations strategically use their websites to target audiences with diverse needs, specifically through advocacy efforts in educating the general public about the legitimacy of sexual labour. Additionally, to increase the use of the websites by sex workers, using social media platforms, such as Facebook and Twitter augment the untapped potential for creating action, mobilization, interaction, and dialogue on the websites.

Perceived Deservingness and the Toleration of Human Rights Violations: The Problem and a Possible Solution

Despite general endorsement of universal human rights, people continue to tolerate specific human rights violations. I conducted a two-part study to investigate this issue. For Part I, I examined whether people tolerated torture (a human rights violation) based on the morality and deservingness of the target. Participants tolerated torture more when the target had committed a highly morally reprehensible transgression. This effect was mediated by the target’s perceived deservingness for harsh treatment, and held over and above participants’ abstract support for the right to humane treatment. For Part II, hypocrisy induction was used in an attempt to reduce participants’ toleration of the torture. Participants were assigned to either the hypocrisy induction or control condition. Unexpectedly, participants who tolerated the torture more in Part I reduced their toleration the most in the control condition, possibly because of consistency and floor effects. Limitations and implications of the findings are discussed.

Accounting for Human Rights Violations Risk: Conflict Minerals Mandatory Disclosures under the Dodd Frank Act

This paper examines the equity market response to firms’ disclosure of human rights violation risk with regard to conflict mineral usage as required by Section 1502 of the Dodd-Frank Act (the Act). This paper assesses the aggregate equity market response to regulatory events leading to the passage of the Act, the equity market reaction to voluntary early disclosures and mandatory disclosures of conflict mineral information in Form SD, as well as the determinants of the equity market response. Using a sample of 4,399 US registrants from January 1, 2008 to September 30, 2014, we document a significant negative stock market reaction to the passage of the Act and to conflict minerals disclosures on Form SD. The equity market reaction is more negative and limited to companies that source their minerals from conflict zones, companies with human rights violations, and companies with ambiguous disclosures. Taken together, the results of this study provide an economic justification for companies with poor conflict minerals practices to improve in order to avoid high costs that will arise if firms are forced to disclose human rights abuses. This paper also provides preliminary evidence that Form SD is successful in reducing the governance gap that exposes investors to unnecessary sanction, litigation and reputation risk from firms’ activities in conflict minerals usage.

Probate (copy) of the Last Will and Testament of Thomas Clark Street of Stamford Township

Probate (copy) of the Last Will and Testament of Thomas Clark Street of Stamford Township. This is a printed copy which is signed by Charles A. Mittleberger, student at law, Oct. 18, 1872.

Indenture between Samuel DeVeaux Woodruff and Her Majesty the Queen (copy)

Indenture between Samuel DeVeaux Woodruff and Her Majesty the Queen (copy) regarding Lots no. 20 and 21 in the 5th and 6th Concessions in the Town of Grantham (handwritten 3 pages), Aug. 16, 1880

Form letter: a printed, 2 1/2 page copy of Jarvis Conklin and Co. Mortgage, Loans and Municipal Bonds letter to S.D. Woodruff, signed by James Conklin

Form letter: a printed, 2 1/2 page copy of Jarvis Conklin and Co. Mortgage, Loans and Municipal Bonds letter to S.D. Woodruff, signed by James Conklin, n.d.

Receipt (copy) for the amount received from Burton and Bro. for the sum of $944.00 paid in full

Receipt (copy) for the amount received from Burton and Bro. for the sum of $944.00 paid in full for stumpage on berths 192 and 198. It is signed by S.D. Woodruff, May 24, 1878.

Second copy of the memorandum respecting differences between the approximate and final estimate but this one has “memorandum of extras of Brown and McDonall contract” written on the outer page

Second copy of the memorandum respecting differences between the approximate and final estimate but this one has “memorandum of extras of Brown and McDonall contract” written on the outer page (3 pages, handwritten), n.d.

Voucher from the Engineer Department of Port Dalhousie and Thorold Railway Extension for W.G. Thompson for the Northern Division. There are attached notes from the Welland Railway Company to John Mitchell for putting up shelves; to William Waud, staff; and to William Martin to repair the office (copy), June 10, 1857

Voucher from the Engineer Department of Port Dalhousie and Thorold Railway Extension for W.G. Thompson for the Northern Division. There are attached notes from the Welland Railway Company to John Mitchell for putting up shelves; to William Waud, staff; and to William Martin to repair the office (copy), June 10, 1857.

Pay roll voucher #20 from the Engineer Department of Port Dalhousie and Thorold Railway Extension, for the Northern Division approved by F. Shanly, chief engineer and W.G. Thompson, assistant engineer (copy) June 1857

Pay roll voucher #20 from the Engineer Department of Port Dalhousie and Thorold Railway Extension, for the Northern Division approved by F. Shanly, chief engineer and W.G. Thompson, assistant engineer (copy) June 1857.

Pay roll voucher #21 from the Engineer Department of Port Dalhousie and Thorold Railway Extension, for the Southern Division approved by F. Shanly, chief engineer and Francis A. Doyle, assistant engineer (copy) June 29, 1857

Pay roll voucher #21 from the Engineer Department of Port Dalhousie and Thorold Railway Extension, for the Southern Division approved by F. Shanly, chief engineer and Francis A. Doyle, assistant engineer (copy) June 29, 1857.

Pay roll voucher #19 from the Port Dalhousie and Thorold Railway Extension, for the office approved by F. Shanly, chief engineer (copy), July 1, 1857

Pay roll voucher #19 from the Port Dalhousie and Thorold Railway Extension, for the office approved by F. Shanly, chief engineer (copy), July 1, 1857.