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Supreme Court Permits Arbitration of Individual PAGA Claims

The United States Supreme Court’s decision in Viking River Cruises v. Moriana will dramatically impact employers’ rights to enforce arbitration agreements related to claims under California’s Private Attorneys General Act (PAGA).1  This decision, which is a significant win for employers with interests in California, will allow employers to compel arbitration of a PAGA plaintiff’s individual PAGA claims.




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Savings Clause Results in Oregon Supreme Court Affirming Enforceability of Arbitration Provision

On July 8, 2022, in Gist v. ZoAn Management, Inc., the Oregon Supreme Court affirmed the decisions of the trial court and court of appeals granting the defendants’ motion to compel arbitration.  The court concluded that because nothing in the arbitration agreement prohibited the plaintiff from being awarded any relief he might be entitled to under Oregon’s wage and hour statutes, the arbitration provision was not unconscionable and therefore enforceable.

Background




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Oregon Supreme Court Affirms Enforceability of Arbitration Provision

Christine Sargent writes about an Oregon Supreme Court case that affirmed the importance of implementing enforceable arbitration agreements.

SHRM Online

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Ontario, Canada Human Rights Tribunal Finds it Has Concurrent Jurisdiction with Labour Arbitrators to Decide Human Rights Claims in Unionized Workplaces

The Human Rights Tribunal of Ontario recently held a preliminary hearing to determine whether allegations made under the Human Rights Code (Code) fell within the exclusive jurisdiction of a labour arbitrator, or whether the Tribunal had concurrent jurisdiction over employment-related human rights matters in a unionized workplace.  




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Ninth Circuit Eliminates Obstacles to Enforcement of Employment Arbitration Agreements in California

  • Ninth Circuit holds the Federal Arbitration Act (FAA) preempts AB 51, which attempted to prohibit employers from requiring employees to waive, as a condition of employment, the right to litigate claims under the FEHA and the California Labor Code.
  • Arbitration agreements are on an equal footing as other contracts and will be analyzed in the Ninth Circuit in accordance with FAA principles of “equal protection treatment.”




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Ontario, Canada Arbitrator Finds Employer Did Not Violate Collective Agreements by Not Recognizing National Day of Mourning as a Paid Holiday

  • Arbitrator dismissed four union grievances alleging National Day of Mourning should have been a paid holiday.
  • It is not enough for a day to be referred to as a “holiday” by a governmental entity to be deemed as such for collective agreement purposes; a legislative process culminating in the proclamation of the day as a “holiday” is required.




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U.S. Immigration Laws and the Peril of Using the United States as a Venue for International Arbitration Proceedings

Angel Valverde presents issues for development of international arbitration in the U.S., as there are no visas that specifically allow a foreign national to be employed as an arbitrator, attorney or expert witness in an arbitration proceeding.

International Law Quarterly

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Arbitrator upholds reasonableness of hospital vaccination policy for termination of non-compliant

Rhonda B. Levy and Barry Kuretzky discuss a case in which an arbitrator issued the first award in Ontario to address and uphold the reasonableness of a hospital vaccination policy that allows employers to terminate employees for non-compliance.

Human Resources Director Canada

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California Supreme Court Holds Plaintiffs with Arbitration Agreements Retain Standing to Pursue Non-Individual PAGA Claims in Court

  • The California Supreme Court determined that plaintiffs seeking civil penalties under California’s Private Attorneys General Act (PAGA) retain standing to pursue representative PAGA claims on behalf of other alleged aggrieved employees in court despite being bound to arbitrate their individual PAGA claims.




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    California Appellate Court Decision Limits Power of Arbitrators to Cure Late Arbitration Payments

    On June 28, 2023, the California Second District Court of Appeal issued a decision interpreting the scope of California Code of Civil Procedure section 1281.98(a)(1), a recently amended California statute that requires employers to pay all arbitration costs and fees within 30 days of the due date, or risk being in material breach of the arbitration agreement.  In Cvejic v. Skyview Capital, the court held that an arbitrator cannot cure a missed or late arbitration fee payment.




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    California's Mandatory Arbitration Ban Is Permanently Halted

    Alexander MacDonald explains when California employers’ employment agreements are subject to state law and AB 51 may apply. 

    XpertHR

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    Employers can count sick leave credits as paid medical leave days under CLC: arbitrator

    Rhonda Levy, Adrian Jakibchuk, Barry Kuretzky and George Vassos comment on an arbitrator’s ruling that federal employers can count employees’ sick leave credits as paid medical leave days under the Canada Labour Code (CLC) if their own program provides “a more favourable benefit” to workers.

    Human Resources Director Canada

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    The ACLU: Champion of Individual Arbitration?

    Alexander MacDonald discusses a case in which the ACLU, sharp critic of arbitration, is arguing that individual arbitration plays a “fundamental role” in protecting labor rights.

    The Federalist Society

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    U.S. Supreme Court Clarifies When the Federal Arbitration Act’s “Transportation Exemption” Applies

    On April 12, 2024, the U.S. Supreme Court addressed whether the Federal Arbitration Act’s (FAA) transportation exemption—meaning the FAA would not apply—only relates to workers within the transportation industry. In Bissonnette v. LePage Bakeries Park St., LLC,1 the Supreme Court unanimously held Section 1 of the FAA exempts classes of workers who are actively engaged in interstate transportation, even if the individuals are not employed by a company in the transportation industry (the “Transportation Exemption”).




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    Ninth Circuit: “Transportation Exemption” Does Not Apply to Arbitration Clauses Between Corporate Entities or in Commercial Contracts

    Two days before the United States Supreme Court ruled in Bissonnette v. LePage Bakeries Park St., LLC,1 that the Federal Arbitration Act’s (FAA) transportation worker exemption (meaning the FAA would not apply) extends beyond the transportation industry, the U.S. Court of Appeals for the Ninth Circuit addressed whether the exemption applies to “contracts of employment” between business entities. In Fli-Lo Falcon, LLC v.




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    GOP Election Wins May Set Stage For Curbing Workplace DEI

    Jim Paretti says DEI initiatives under a Republican administration will "be under a lot more scrutiny" and subject to tighter limits.

    Law360 Employment Authority

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    Hellos and Goodbyes: Woniya Thibeault and Mike Birbiglia

    On this episode of the Moth Podcast, Catherine Burns, our former artistic director, shares the very first story she ever directed, and the last. This episode is hosted by Catherine Burns.

    Storytellers:

    Woniya Thibeault survives in the wilderness

    Mike Birbiglia gets his heart broken




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    The Orbit of Kepler 16b

    NASA's Kepler space telescope recently made the news by finding a planet that orbits a double-star system, a situation that brought to mind the fictional planet Tatooine of the movie Star Wars. On such a planet, if it had a solid surface, you could see a double sunset. This worksheet explores the orbital mechanics of such a system.




    rbi

    RBI Expands its Torus Line of Products

    The full Torus line is now available in sizes ranging from 3,000 Btuh to 4 million Btuh, making the units ideal for a wide array of applications.




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    Estimating Premorbid Intelligence: Abstracts - AssessmentPsychology.com

    Abstracts from the Journal of Clinical Psychology, Journal of Clinical Experimental Neuropsychology, and other journals about estimating premorbid intelligence.




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    Estimating Premorbid Intelligence: Regression Equations - AssessmentPsychology.com

    Regression equations for estimating premorbid intelligence.




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    Better Earth Acquires Betterbin to Bolster Eco-Friendly Foodservice Packaging

    Betterbin’s expertise will support Better Earth’s mission to help restaurants and foodservice operators make informed packaging choices that comply with state and local regulations.




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    TAB Orbital Wrapping Machine Secures Chairs to Pallets


     Police Innovations LLC eliminates damage in transit with orbital wrapper.




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    TAB Industries LLC Earns Patent for Orbital Stretch Wrapping Machine

    Wrapper prevents loads from sliding off the pallet and adds protection from damage in transit.




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    ORBIS Launches 40x48 Odyssey® 3-Runner Pallet to Improve Handling Efficiency

    New rackable pallet supports heavy loads, provides load stability and features unique design qualities to streamline operations.




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    ORBIS Introduces 60×48 Industrial Pallet for EV, Powertrain Applications

    Manufactured through a process of Structural Foam Injection, the pallet boasts exceptional durability and reliability, making it an optimal choice for use within the industrial and automotive sectors.




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    Arbitration Bill Legislative Consent Memorandum: Department of Justice

    Room 30, Parliament Buildings



    • Committee for Justice

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    Zone 4 Manager - Vanderbilt University




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    OSCE Mission to Serbia commends contribution of civil society organizations to democratic processes

    BELGRADE, 4 March 2016 – The Head of the OSCE Mission to Serbia, Ambassador Peter Burkhard and the Deputy Head of Mission, Michael Uyehara visited the House of Human Rights (HHR) in Belgrade today, and met representatives of the Civic Initiatives and the Policy Centre, two of the five civil society organizations based at the House.

    The meeting completes a round of consultations with civil society actors, which also included the other tenants of the HHR: the Helsinki Committee for Human Rights, the Lawyers Committee for Human Rights, and the Belgrade Centre for Human Rights.

    “Civil society organizations play an important role in any modern society and significantly contribute to the quality of democratic processes in Serbia,” said Ambassador Burkhard. The Mission’s leadership noted that the engagement of civil society organizations will also benefit the monitoring of upcoming elections and the electoral campaign.

    Related Stories




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    EU Delegation, OSCE Mission, closely following situation in Serbia’s public service broadcasters

    BELGRADE, 22 May 2016 – The European Union Delegation to Serbia and The OSCE Mission to Serbia have taken note of the wide-ranging personnel changes at Radio Television Vojvodina (RTV) undertaken by the newly appointed managing board.

    We should like to take this opportunity to recall the weighty responsibility of RTV as a public broadcaster to ensure that it meets the highest standards in safeguarding the public interest, guaranteeing the quality and diversity of its programme content and ensuring the impartiality of its editorial policy, following the principle of independence enshrined in the 2014 Law on the Public Media Services.

    RTV has an additional, important responsibility to discharge in meeting the legitimate expectations of national minorities with regard to access to broadcasting in minority languages.

    Moreover, we recall the importance of creating an enabling environment in Serbia in which freedom of expression can be exercised without hindrance, strengthening the independence of the Regulatory Body for the Electronic Media in order better to support editorial independence, and ensuring adequate funding to public broadcasting as well as its editorial independence.

    For more information & media inquiries please contact:

    Aleksandar Djordjević , EU Delegation to Serbia, Media and Information Officer,

    e-mail: aleksandar.djordjevic@eeas.europa.eu, Phone: +381 11 30 83 200.

    Ivana Milatović, OSCE National Political and Press Affairs Officer,

    e-mail: ppiu-serbia@osce.org, Phone +381 11 3606 151

    Related Stories



    • OSCE Mission to Serbia
    • Media freedom and development
    • South-Eastern Europe
    • Press release

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    OSCE Mission to Serbia and ODIHR launch joint Report on peer elections for High Judicial Council and State Prosecutors’ Council

    Serbia’s legal framework for governing elections to the High Judicial Council and the State Prosecutors’ Council is fairly comprehensive although there are a few minor issues with implementing the laws and regulations, partly as a result of gaps in the law. This is the conclusion of a joint Report launched on 24 May 2016 by the OSCE Mission to Serbia and the OSCE Office for Democratic Institutions and Human Rights (ODIHR).

    The OSCE Mission and ODIHR followed the elections of judges and prosecutors to the High Judicial Council and the State Prosecutors’ Council throughout Serbia in December 2015, in partnership with the Lawyers’ Committee for Human Rights (YUCOM), a local civil society organization. The election processes were conducted without any major irregularities observed.

    The Report makes a number of recommendations, largely similar for both the judicial and prosecutorial councils, including amending and further developing the legal framework regarding the election process for the judicial and prosecutors’ councils, the candidates’ nomination process, and procedures for resolving disputes and providing effective remedies.

    The findings and recommendations resulting from the election monitoring will help inform the public about the ongoing judicial reform process in Serbia. The relevant state institutions and justice stakeholders will also have an objective assessment to assist them in further strengthening the independence, accountability and efficiency of the Serbian judiciary.

    The Report is available at: https://www.osce.org/odihr/242346

    The OSCE Mission to Serbia and ODIHR stand ready to continue supporting the legal reform efforts of the Serbian authorities in line with the recommendations of this report and OSCE commitments.

    Related Stories



    • Office for Democratic Institutions and Human Rights
    • OSCE Mission to Serbia
    • Elections
    • South-Eastern Europe
    • News

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    OSCE Mission to Serbia supports public consultations on implementation of UN SCR 1325 – Women, Peace and Security (2016-2020) National Action Plan

    The final public consultations on the content of the new National Action Plan (NAP) for the implementation of the UN SCR 1325 – Women, Peace and Security (2016-2020) was held on 10 June 2016 in Belgrade at the premises of the National Assembly of the Republic of Serbia.

    The OSCE Mission to Serbia, jointly with the Serbian Government's Office for Co-operation with Civil Society, and the Standing Conference of Towns and Municipalities, supported the Working Group in the drafting process of the NAP by organizing public consultations across Serbia.

    The consultations were held in the towns of Nis, Vranje, Novi Pazar, Krusevac, Novi Sad and Belgrade. During the meetings, participants welcomed that the new NAP raises the profile of local activities and that it places an emphasis on improved co-ordinated action, both at the local and national levels.

    The main objective of the new NAP is to improve the safety and security of women through the implementation of UN SCR 1325 in the areas of prevention, participation, relief and recovery, and to increase involvement of women at the local level.

    Participants included some 250 high-ranking officials of the Serbian Government and representatives of civil society organizations, and the media.

    Related Stories




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    More than 1,000 local inspectors in Serbia successfully complete OSCE-supported online training course

    A record number of 1,150 local inspectors in Serbia have successfully completed a three-month OSCE-supported online course on implementing the new Law on Inspection Surveillance. Of this number, 280 inspectors from the capital and its municipalities were publically recognized on 7 July 2016 at the premises of the Assembly of the City of Belgrade.

    Local-level inspectors work in the areas of construction, environment, traffic, communal issues.  This course, supported by the OSCE Mission to Serbia, was developed at the request of the Standing Conference of Towns and Municipalities (SCTM) and the Ministry of Public Administration and Local Self-Government.  

    “The capacity building of staff working in local self-governments is particularly important as they are the closest to the citizens.” said Acting Head of the Democratization Department at the OSCE Mission, Olivera Zurovac-Kuzman. “The strong interest in the training course speaks about the relevance of the inspectorate and their roles in local communities. Proper surveillance is key in responding to the need for better governance at all levels of government,” she added.

    The online course on the Law on Inspection Surveillance was developed after the successful implementation of online training courses for local self-government employees and councillors in 2014 and 2015, which proved to be an effective new approach for the professional development of local self-governments.

    The OSCE Mission to Serbia will remain committed to supporting local self-governments across Serbia in the process of public administration reform.

     

     

    Related Stories



    • OSCE Mission to Serbia
    • South-Eastern Europe
    • News

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    OSCE Centre in Bishkek trains defence lawyers and prosecutors on right to liberty and freedom from arbitrary arrest or detention

    BISHKEK, 28 July 2016 – A two-day training conducted by the OSCE Centre in Bishkek for 14 defence lawyers and 12 officers from the Prosecutor’s office on the right to liberty and freedom from arbitrary arrest or detention, ended today in the Kyrgyz capital.

    The workshop focused on the international framework for measures of restraint, as well as the internationally recognized constitutional right to institute proceedings in cases of violations.

    The detention of minors, persons with disabilities, women with children, or defendants in need of continued medical treatment and hospitalization were among the topics discussed, and participants learned more about their specific concerns to ensure that the restraint measures taken comply with human rights standards.

    “The right to liberty is a basic fundamental right, protected by international human rights law and enshrined in the Kyrgyz Constitution,” said Anete Erdmane, acting Senior Human Dimension Officer at the OSCE Centre. “To ensure that restrictions on liberty are applied in compliance with the law and that other human rights are not violated as a result of the deprivation of liberty, it is important that prosecutors and lawyers are aware of the relevant standards and obligations. In line with its mandate, the OSCE Centre works to improve the administration of justice and strengthen the rule of law in Kyrgyzstan.”

    The course was delivered by Ulugbek Azimov, a well-known national expert in the field, while  Sergey Poduzov, an international human rights law expert from Russia, also led a training session.

    The training course is part of the OSCE Centre’s project on promoting a comprehensive approach to the rule of law, administration of justice, prevention of torture, and capacity building. 

    Related Stories




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    LA CARTA DEL KREMLIN, de Noel Behn (Orbis)

    Título:
    La carta del Kremlin
    Autor: Noel Behn (1928-1998)
    Título original: The Kremlin letter (1966)
    Traducción: Ramón Hernández
    Editor: Ediciones Orbis (Barcelona)
    Distribución: Hyspamerica Ediciones Argentina (Buenos Aires)
    Edición: 2ª ed.
    Fecha de edición: 1985-10
    Descripción física: 256 p.; 12,5x20,5 cm.: piel
    Serie: Biblioteca de grandes éxitos #84
    ISBN: 978-84-7530-924-8 (84-7530-924-0)
    Depósito legal: M-26177-1985
    Estructura: prólogo, 6 secciones, 41 capítulos
    Información sobre impresión:
    Impreso en España/Printed in Spain
    Talleres Gráficos Peñalara
    Ctra. a Pinto, km. 15,180
    Fuenlabrada (Madrid)

    ADAPTACIÓN CINEMATOGRÁFICA:
    The Kremlin Letter (1970) fue dirigida por John Huston y protagonizada por Bibi Andersson (Erika Kosnov), Richard Boone (Ward), Nigel Green (“The Whore”), Dean Jagger (“Highwayman”), Lila Kedrova (Madam Sophie), Micheál MacLiammóir (“Sweet Alice”), Patrick O’Neal (Charles Rone), Barbara Parkins (“B.A.”), Ronald Radd (capitán Potkin), George Sanders (“Warlock”), Raf Vallone (“Puppet Maker”), Max von Sydow (coronel Kosnov), Orson Welles (Bresnavitch), Sandor Elès (Lt. Grodin), Niall MacGinnis (“Erector Set”), Anthony Chinn (Kitai), Guy Deghy (Profesor) y John Huston (Almirante). En español tuvo por título su traducción literal, La carta del Kremlin.




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    Wedge Roofing Demonstrates the Value in Refurbishing Commercial Roofs with Silicone Coating

    Wedge Roofing proves that taking a closer look and considering different options for metal roofs can save on labor and costs for the customer.




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    Serbian Railway Station Roof Collapse Claims 14 Lives

    A roof collapse at a railway station in Novi Sad, Serbia, resulted in the deaths of 14 people, with several others injured. Rescue efforts continued throughout the night as crews worked to recover bodies from the rubble and assist survivors.




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    Luca Guadagnino y las series (Luca Guadagnino y la soberbia)




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    Samantha Harvey gana el Booker con 'Orbital', una "pastoral espacial" con mensaje ecológico

    Su libro recrea la vida diaria de seis astronautas orbitando en la Estación Espacial Internacional, con una prosa poética y científica a partes iguales Leer




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    10.000 colchoneros y merengues corren este domingo en el Derbi de las Aficiones

    La prueba de 10 kilómetros se desarrolla entre el Bernabéu y el Paseo de los Melancólicos Leer




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    Los madridistas se llevan el Derbi de las Aficiones con el récord de Alejandro Jiménez

     Leer




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    Itxaso recurre el 'paracetamol' para contrarrestar la hemorragia del crecimiento desorbitado del coste de la vivienda en Euskadi

    El precio de la vivienda sigue al alza y se aproxima a los 3.255 euros por metro cuadrado, récord histórico alcanzado en 2011. Euskadi da ayudas a 40.000 vascos para pagar su alquiler y otras 27.000 familias viven en VPO de alquiler protegido. El consejero multiplica sus retoques a la política de Vivienda y confía que las "zonas tensionadas" enfríen un mercado de alquiler disparado Leer




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    Muere un hombre aplastado por el aspa de una turbina eólica en Australia

    Las gigantescas aspas de las hélices usadas en las turbinas industriales pueden pesar hasta 22 toneladas y tener más de 60 metros de largo Leer




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    Violent protests erupt in Serbia after deadly train station canopy collapse

    Violent protests erupt in Serbia after deadly train station canopy collapse




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    Disturbing New Details Emerge About the State of the Global Climate

    Part 1 of a three-part series summarizing the findings of a new and unsettling report on climate change.




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    Loadings in Thermal Barrier Coatings of Jet Engine Turbine Blades An Experimental Research and Numerical Modeling

    Location: Electronic Resource- 




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    Imagine Herbie

    The Imagine Project was a studio album released by Herbie Hancock released on June 22, 2010 The title song was Imagine by John Lennon, a reminder that Lennon was an excellent songwriter. Other songs were Peter Gabriel's "Don't Give Up", Moraes and Baden Powell's "Tempo de Amor", Matthew Moores "Space Captain", Bob Dylans "The Times, They Are A' Changin'", Larry Klein's "The Song Goes On", "La Tierra" by Juan Esteban Aristizabal. While the chosen songs were all international hits, the main point was the international musical collaboration. The wiki site